Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Complaint - Recalling of complainant sought on the ground that date of transaction between parties was mistakenly noted as 04.05.2001 in affidavit as well as in complaint although it was actually 04.05.2004 - Held, opportunity should be given to..........
Criminal Procedure Code, 1973, Section 311 -- Further evidence - Court in exercise of power u/s 311 Cr.P.C. can summon a person as a witness even when his name is not mentioned in FIR or in charge sheet - However, this power can be exercised only by indicating reasons as to why evidence of the witness is necessary for dispensation of justice...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Production of witness - Refusal - Validity - According to petitioner cheque amount was repaid to complainant in the presence of "H" and a receipt has been issued by complainant - Held, if receipt has been issued by complainant, then there is no need to produce..........
Criminal Procedure Code, 1973, Section 311 -- Recalling of witnesses - Case u/ss 364 and 302 IPC - Closure of evidence by trial Court - Validity - Held, in such a serious case, the right of cross-examination of accused should not be closed forever due to fault of counsel and client should not suffer for default of counsel - It was duty of trial court to afford reasonable..........
Criminal Procedure Code, 1973, Section 233, 311 -..........
Criminal Procedure Code, 1973, Section 311 -- Prosecution witness - Re-examination - Legality of - Held, once witness was examined in-chief and cross-examined fully, such witness should not have been recalled and re-examined to deny evidence he had already given before Court, even though that witness had given an inconsistent statement before any other Court or forum..........
Criminal Procedure Code, 1973, Section 311 -- Summoning or refusing to summon witnesses - Order is interlocutory as it does not decide any substantive remedy of the litigating parties - Revision against such order - Not maintainable...........
Criminal Procedure Code, 1973, Section 311 -- Production of clothes of prosecutrix in a rape case - No evidence that clothes were recovered by police or sent to Laboratory - Accused may apply again, when I.O. is examined...........
Criminal Procedure Code, 1973, Section 311 -- Additional evidence - Discretionary power u/s 311 Cr.P.C. can be invoked only for the ends of justice - Discretionary power u/s 311 Cr.P.C. has to be exercised judicially for reasons stated by the Court and not arbitrarily or capriciously...........
Criminal Procedure Code, 1973, Section 311 -- Additional evidence - Summoning of a witness - Without examining the relevance of evidence which may be tendered by the witness or the necessity of examining him as a Court witness or examining the question of prejudice if at all which is likely to be caused to the defence, if such witness not examined - Order allowing..........
