Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Production of Income Tax Returns - Loan - Complainant stating that repayment made was towards interest whereas plea of accused that he was paying instalments towards the principal amount and not towards interest - Plea that ITRs for the relevant period do not..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PWs for further cross-examination - PW5 and PW17 were extensively cross-examined - Witness cannot be called upon to rely on memory after several years - Record is replete with instances which indicate that accused have been attempting to delay proceedings - Trial Court rightly rejecting application of accused for..........
Criminal Procedure Code, 1973, Section 311 -- Offence under NDPS Act - Summoning of call details of seizure officer and other police officials alleging that these officials were not present at the place of seizure on the date and time alleged - Summoning of call details is absolutely imperative for fair trial and providing a just opportunity of defence to accused - In..........
Criminal Procedure Code, 1973, Section 311 -- Examination of witness - Complainant sought to examine his son on his behalf, as he was not keeping good health - However, initial application of complainant seeking same relief was declined while noticing that he had raised false pleas as regards his health whereas he regularly pursing his other cases in Court - No justifiable..........
Criminal Procedure Code, 1973, Section 311, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning of Bank manager along with relevant record - Defence of accused is that cheques were stolen and his signatures are forged - Court vide its earlier order permitted accused to summon Bank Manager with relevant record in his defence - However, when..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recall of complainant's witness for further cross-examination - Trial is still at the stage of defence evidence - Accused prayed that an opportunity be granted to cross-examine complainant's witness on one date only - Adducing evidence by accused in support of..........
Criminal Procedure Code, 1973, Section 311 -- Recalling of witness - Witness can be recalled at any stage if Court comes to conclusion that such recalling is essential for just decision of case...........
Criminal Procedure Code, 1973, Section 311 -- Recalling of complainant for cross-examination - Ample opportunity was given to petitioner for cross-examining complainant - Ample opportunity was thereafter taken by petitioner for producing his defence evidence and ultimately defence evidence was also closed and matter was fixed for final arguments - At this stage petitioner..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Accused failed to examine even a single witness even after availing four opportunities - No explanation why he did not lead evidence on said dates - However, in the interest of justice one opportunity given to accused to lead his entire..........
Criminal Procedure Code, 1973, Section 311, Prevention of Corruption Act, 1988, Section 19 -- Further cross examination - Variation between transcription and original audio cassette - Came to the knowledge of petitioner when audio cassette was played in Court for the first time - Further cross examination of PW1 sought as to how competent authority granted sanction without..........
