Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Summoning of Bank Manager - Defence sought to be raised not put to cross examination of PW1 - Any defence raised at subsequent stage can certainly be termed as after thought - Trial Court was justified in dismissing application for summoning the witness and..........
Criminal Procedure Code, 1973, Section 311, Protection of Children from Sexual Offences Act, 2012, Section 33, 4, 8 -- Offence u/ss 4 & 8 of POCSO Act - Recall of victim for cross-examination - Adjournment sought for cross examination of victim which came to be rejected and cross examination of victim was taken as `nil' - Trial Court ought to have given one more..........
Criminal Procedure Code, 1973, Section 311, Protection of Children from Sexual Offences Act, 2012, Section 33(5) -- Recall of victim - Bar u/s 33(5) of POCSO Act - Victim is now aged about 22 years though she was below 18 years at the time of incident - For the purpose of S.33(5) of POCSO Act, relevant age is age at the time of examination of witness - S.33(5) POCSO Act..........
Criminal Procedure Code, 1973, Section 311 -- Recall of victim - Mere fact that accused was given sufficient opportunity to cross-examine witness and witness had gone into swoon during cross-examination shall not be grounds to deny a fair trial to accused - Application allowed...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Power of Court to recall any witness already examined or to summon any witness can be invoked even if evidence of both the sides is closed so long as Court retains seisin of criminal proceedings - Application rightly allowed...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Court can call a witness not only on motion of either prosecution or defence but also it can do so on its own motion if conditions u/s 311 Cr.P.C are satisfied - All that is required is satisfaction of Court in relation to such evidence which appears to Court to be essential for just decision...........
Criminal Procedure Code, 1973, Section 311 -- Recall of PWs for cross-examination - Accused never cross-examined PWs 2 & 3 and partially cross-examined PW1 - Reason for such non-cross-examination is absence of their counsel when the matter was listed for cross-examination - Accused permitted to cross-examine PWs completely on a particular day fixed by concerned Court for..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Witness cannot be recalled merely on the ground that certain important questions were not put during course of cross-examination...........
Criminal Procedure Code, 1973, Section 311 -- Recall of PWs - Petitioner failed to show that without recalling witnesses, Court is unable to deliver judgment - What is left out to be asked to said witnesses is also not stated in application - There is thus, no question of recalling PWs that too on an application made by accused after approximately two and a half years of..........
Criminal Procedure Code, 1973, Section 311, Protection of Children from Sexual Offences Act, 2012, Section 33(5) -- Recall of child witness - Child witness can be recalled if it is necessary for just decision of case, as bar u/s 33(5) of POCSO Act is not absolute - Application allowed...........
