Latest - TMI e-Newsletter
New User/ Regiser
2022 (9) TMI 996 - Indian Laws
Dishonor of Cheque - existence of legally enforceable debt or not - impugned orders challenged on the grounds that the same were passed in a mechanical manner without due application of mind and without considering that the documents sought to be exhibited - principles of natural justice - HELD THAT:- The object underlying Section 311 CrPC is that there may not be failure of justice on account of mistake of either party in bringing the valuable evidence on record or leaving ambiguity in the statements of the witnesses examined from either side. The determinative factor is whether it is essential to the just decision of the case. The significant expression that occurs is “at any stage of any inquiry or trial or other proceeding under this Code”. It is, however, to be borne in mind that the discretionary power conferred under Section 311 CrPC has to be exercised judiciously, as it is always said “wider the power, greater is the necessity of caution while exercise of judicious discretion.”
It is the duty of the Court to discover the truth and truth is the foundation of the justice. Section 311 Cr.P.C. is one of the provisions which assist the Court in the discovery of the truth. It is true that the power under section 311 Cr.P.C. has to be exercised judiciously for strong and valid reason with caution to meet the ends of justice. Simultaneously, the Court has the duty to give adequate opportunity to the parties to lead evidence for fair trial.
After considering all facts, the petitioner is given liberty to file additional affidavit of CW-2 Anil Rajput in evidence and to place on record the documents as mentioned in the application under section 311 Cr.P.C. and to lead evidence as per the direction to be given by the concerned Trial Court - Petition disposed off.