Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Right to lead complainant's evidence closed - Complainant seeking her recall for her further cross-examination - Complainant had been neither diligent nor serious about leading her evidence - Matter remained pending for recording complainant's evidence from..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW12 for further re-examination - Murder - CD of CCTV footage and pen drive in question were handed over to SHO by a third party - Accused therefore, has every right to seek re-examination of PW12/Inspector to elicit all relevant facts before trial Court delivers its final decision - Moreover, accused `R' initially..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW5 for further cross-examination - PW5 is a material witness and credibility of testimony of PW5 is going to have far reaching effect on outcome of case - Since at the time of cross-examination due to inadvertence or otherwise accused could not cross-examine PW5 qua some relevant aspect, in order to dispense justice..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Power u/s 311 Cr.P.C. is discretionary power of Court and no party can claim it as of its right...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - If there is no substantive material and genuine reasons disclosed in application u/s 311 Cr.P.C. invoking power of Court under said provision and only to mention therein that since some very relevant questions were leftover inadvertently which are necessary to bring on record the witnesses may be recalled..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Application only mentions that evidence of PWs 1 to 5 is completed but some relevant and necessary questions are left over to be asked - Indubitably this is a vague application which nowhere mentions as to what significant questions are left over to be asked in cross-examination of said witnesses who are..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Word `essential' deliberately finds place in the provision as Court is duty bound to satisfy essentiality with reasons...........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW2 and PW3 for cross-examination - Accused instructed his counsel not to argue in the case - Trial Court under such circumstances asked pairokar to call another counsel but once next counsel did not appear before Court, opportunity of cross-examination was closed - Since applicant was under custody and was brought..........
Criminal Procedure Code, 1973, Section 311 -- (Bharatiya Nagarik Suraksha Sanhita, 2023 S. 348) - Recall of witness - Unless there are valid and sufficient grounds for ordering the examination or recall and re-examination of the witnesses concerned, the court shall be loath in restoring to the procedure envisaged u/s.311 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.348) - Dishonour of cheque - Re-examination of witness - Witness having no personal interest in dispute and in no manner directly or indirectly connected with dispute except as an official representative - If petitioner apprehends any..........
