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2018 (11) TMI 497 - HC - Indian LawsScope and ambit of Section 311 Cr.P.C. - calling upon to produce pronote acknowledging the receipt of the borrowed amount - Held that:- Section 311 Cr.P.C. has been enacted to enable the Court to find the truth and render a just decision whereunder any Court by exercising its discretionary authority at any stage of inquiry, trial or other proceedings can summon any person as a witness or examine any person in attendance though not summoned as a witness or recall or re-examine any person already examined, who is expected to be able to throw light upon the matter in dispute - The object of the provision as a whole is to do justice not only from the point of view of the accused and the prosecution but also from the point of view of an orderly society. Yet, this power has to be exercised only for strong and valid reasons that too with care, caution and circumspection. Recall is not a matter of course and the discretion given to the Court has to be exercised judicially to prevent failure of justice. The execution of the pronote does stand established, but whether the same was, in fact, executed or not or whether the pronote is the same pronote as is alleged to have been executed is a matter of trial and this Court would refrain from giving any definitive opinion upon the same. However, what appears to have clearly been ignored by the learned trial Court while rejecting the application is the salutary provision of Section 311 is that it has failed to adhere to the well known adage that every trial is a voyage in which quest for truth is the goal. Petition allowed.
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