Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Certain documents sought to be produced and proved which were contrary to the earlier stand of the complainant - Order rejecting application, upheld...........
Criminal Procedure Code, 1973, Section 311 -- Further cross-examination - Recalling of witness - Permissibility of - PW7, 8 & 9 have already been examined as prosecution witness - Accused was provided opportunity to cross-examine them and that opportunity was availed by them - Application to re-summon them for further cross-examination - Held, when a witness has been..........
Criminal Procedure Code, 1973, Section 482, 199, 200, 311 -- Defamatory report - Private complaint - Quashing of - Failure to cite former minister who is a material witness in the list of witnesses by respondent-company - Held, it is always open for them that at any time before judgment is delivered by trial court to file additional list of witnesses or to invoke..........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 302 -- Murder - Appreciation of evidence - Evidence which is on record of FSL and important evidence of Investigating Officer was hurriedly dispensed with for no reasons at all on record - Fact that accused was also injured in incident is also ignored by Trial Court as well as by APP I, charge -..........
Criminal Procedure Code, 1973, Section 311, 304 -- Cross-examination of witness - Imposition of cost - Validity - Accused-petitioner, who was in jail, remained unrepresented before trial court on date of examination of PW10 as his counsel withdrew his `vakalatnama' - Trial court closed cross-examination of PW10 - Held, it was a duty of trial court to afford full..........
Criminal Procedure Code, 1973, Section 256, 311, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint at the stage of defence evidence - Filing of application u/s 311 Cr.P.C. for further/additional evidence - Non appearance of complainant - Complaint cannot be dismissed for default...........
Criminal Procedure Code, 1973, Section 256, 311, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint at the stage of defence evidence - Filing of application u/s 311 Cr.P.C. - Does not entitle defence not to examine his witnesses...........
Criminal Procedure Code, 1973, Section 256, 311, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint at the stage of defence evidence - Complaint at that stage cannot be dismissed for non appearance of complainant - If complainant does not cross examine defence evidence then complainant would do so at his peril but it cannot be said that..........
Criminal Procedure Code, 1973, Section 311 -- Summoning of witness - Object of S.311 - Held, main object underlying S.311 of the Code is that there may not be failure of justice on account of mistake of either party in bringing valuable evidence on record or leaving ambiguity in statements of witnesses examined from either side - Determinative factor is whether it is..........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness - Sole eye witness - Denial of cross examination of such a witness shall seriously prejudice right of accused to advance his defence - Opportunity given to cross examine witness...........
