Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 165 -- Dishonour of cheque - Case posted for final arguments - Application u/s 311 Cr.P.C. and S.165 Evidence Act for production of documents - Complainant knowingly and as a conscious citizen, participated in the trial - Case is at the fag end of trial as..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311, 91 -- Dishonour of cheque - Source of income of complainant - Recall of complainant - No such suggestion or indication was made while complainant was examined and cross examined - Such application cannot be allowed at a belated stage when case is fixed for final disposal -..........
Criminal Procedure Code, 1973, Section 311, 391 -- Recall of witness - Mere mentioning of the fact that accused was not medically fit in his statement u/s 313 Cr.P.C., does not affect his right to lead additional defence evidence...........
Criminal Procedure Code, 1973, Section 311, 391, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Additional evidence at appellate stage - On the ground that he was not medically fit during period cheque was issued - Application u/s 311 Cr.P.C. cannot be allowed for recalling of complainant and to put him medical record, which accused can otherwise..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW2 for further examinatio, i, chief - Permission given to prosecution to move application u/s 311 Cr.P.C - Cross-examination of PW2 has not yet been started and witness is in the Court at the time of moving application u/s 311 Cr.P.C - It cannot be said and presumed that prosecution has moved application u/s 311..........
Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 138 -- Scope - No over-laping - Merely because case of a party is not covered u/s 138 of Evidence Act, would not be any ground to debar such a party or witness to move application u/s 311 Cr.P.C. - Provision of S.311 Cr.P.C. is independent and irrespective of S.138 of Evidence Act...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness for cross-examination - Concept of cross-examination is a part of fair trial and its denial will gravely affect the rights of prosecution as well as accused - If a witness is not cross-examined, then his evidence cannot be used in evidence against opponent...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness for cross-examination - Proceedings u/s 125 Cr.P.C - Wife failed to appear in witness box to face cross-examination - If she is not cross-examined, her evidence shall not be considered - Presiding officer and counsel for petitioner failed to construe that cross-examination is not conducted - It was thus,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391, 311 -- Dishonour of cheque - Loan transaction - Source of money - Additional evidence at appellate stage - Income tax returns and agreement to sell sought to be produced by complainant to show source and his capacity to advance loan to accused - Documents in question are..........
Criminal Procedure Code, 1973, Section 311 -- Recalling of witnesses - For purpose of identification of weapon and motor cycle used by accused for commission of offence - Oral request was made before Court below by National Investigating Agency, as same was not readily available leads to inference that prosecution has not waived its right to show material objects to..........
