Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recall of bank officials along with cheque no.702331 - Cheque no.702331 has no relevance to the case and there is no averments with respect to relevance of said cheque - Complaint filed on the basis of Cheque no.703232 - Moreover, witnesses intended to be..........
Criminal Procedure Code, 1973, Section 327, 482 -- Proceedings in camera - Recall of order directing in-camera trial - Unless applicant is able to show that prejudice is caused on account of order directing in-camera proceedings to be held, Court ought not to exercise the inherent jurisdiction to interfere with satisfaction exercised by trial Judge - Petition dismissed...........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness - Adequate power is conferred upon Court to recall any witness at any stage of proceeding but with rider that such evidence must be essential to just decision of case...........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW19 for further cross-examination - Application filed after a gap of 15 years - However, during cross-examination of I.O by co-accused, accused had gone unrepresented, because of reason beyond his control - Even otherwise, questions put to witness on recall are absolutely material to defence of accused, as otherwise..........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness for further cross examination - Lack of competence of previous counsel - Not a ground to reopen examination of complainant...........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness for further cross examination - Change of counsel after discharge of previous counsel - Not permissible as every counsel representing a party can have a different point of view and new questions might crop up, which according to him may be material to the case...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Power of Court to recall any witness or witnesses already examined or to summon any witness can be invoked even if evidence in both sides is closed so long as Court retains seisin of criminal proceedings...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - If evidence of any witness appears to Court to be essential for just decision of case, it is power of Court to summon and examine or recall and re-examine any such person...........
Protection of Children from Sexual Offences Act, 2012, Section 33 -- Recall of victim for cross-examination - In the instant case adjournment sought for cross examination of victim which came to be rejected and cross examination of victim was taken as `nil' - Victim as per S.33 of the Act shall not be called frequently for cross-examination by Court - However, that does..........
Criminal Procedure Code, 1973, Section 311, Protection of Children from Sexual Offences Act, 2012, Section 33, 4, 8 -- Offence u/ss 4 & 8 of POCSO Act - Recall of victim for cross-examination - Adjournment sought for cross examination of victim which came to be rejected and cross examination of victim was taken as `nil' - Trial Court ought to have given one more..........
