Criminal Procedure Code, 1973, Section 311, 397(2) -- Order passed u/s 311 Cr.P.C. - It is an interlocutory order - Revision against such interlocutory order is not maintainable...........
Criminal Procedure Code, 1973, Section 311 -- Order passed u/s 311 Cr.P.C - It is an interlocutory order - Revision does not lie against the same...........
Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 91, 92 -- Application for leading evidence and summoning of witnesses - Written agreement - Oral evidence cannot be adduced for the purpose of varying the contract - Moreso there is no requirement to examine the witnesses as agreement has already been admitted by the complainant - Application rightly..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recall of complainant for cross examination - As per accused, there is no legal liability/debt and advancement of loan as alleged by complainant - Accused disputed receipt and agreement to repay loan amount - Even otherwise, accused shall be afforded..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness for cross-examination - Counsel for accused could not cross-examine compliant despite opportunity granted for several dates - No explanation for the same - Even when right to cross-examination was closed and case was fixed for recording statement of accused u/s 311 Cr.P.C., accused failed to appear before..........
Criminal Procedure Code, 1973, Section 311 -- Additional evidence - Mistake of party - If there is some inadvertent mistake on the part of either of party and the same is necessary to be rectified for proper adjudication and just decision of case and to part justice to the parties, then additional evidence can be permitted to be led...........
Criminal Procedure Code, 1973, Section 311 -- Complaint u/s 138 of N.I.Act - Taking on record the duly attested affidavit of CW2 by way of additional evidence - Mistake of party - Three complaints presented by complainant and all were being tried simultaneously and on same day - Three attested affidavits were to be tendered in three separate complaint cases but..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness for further cross-examination - Witness was cross examined at length by accused but due to some inadvertent mistake, questions could not be put to witness - Application itself does not state any reason due to which question mentioned in application were not put to witness earlier when she was cross-examined..........
Criminal Procedure Code, 1973, Section 311 -- Scope - Scope, ambit and object of S.311 Cr.P.C. is wide enough - Powers u/s 311 Cr.P.C. can be exercised by trial Court at any point of time, during course of trial - The only self imposed restrictions on the powers are that nature of case cannot be permitted to be changed and a serious lacuna cannot be permitted to be filled,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Dismissal of application u/s 311 Cr.P.C. - As per evidence on record, case is pending for defence evidence for last 5 years - Even, CW-1 was duly cross-examined by petitioner/accused - Therefore, accused cannot be allowed to recall witness to fill up lacuna,..........
