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2022 (9) TMI 1152 - HC - Indian LawsDishonor of Cheque - discharge of legal debt or not - genuineness of books of accounts - cross examination of accountant of the firm - offence u/s 138 of the Act - HELD THAT:- The present petitions are liable to be dismissed as in para 1 of the complaint, specific stand has been taken that proper account books are being maintained during its regular course of business and the respondent-complainant wanted to examine the Accountant of the Firm, only in order to prove the factum of the account books and outstanding amount in order to prove the legally enforceable debt and the said material is very important for the just decision of the complaint and further, by summoning the income tax records, the complainant wanted to substantiate the legal debt and the outstanding amount of the accused Firm. Further, no prejudice will be caused to the petitioners as the opportunity to cross-examine the witnesses has already been granted to them. It is the settled law that object underlying the provisions of Section 311 Cr.P.C. 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 statements of witnesses examined from either side. The exercise of widest discretionary power under Section 311 Cr.P.C. should ensure that the judgment should not be rendered on inchoate, inconclusive speculative presentation of facts and if evidence of any witness appears to the court to be essential to the just decision of the case, the same should be exercised. Petition dismissed.
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