Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2024 (1) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2024 (1) TMI 438 - HC - Indian LawsDishonour of Cheque - rejecting the petitioner's prayer under Section 311 of the Code of Criminal Procedure for recalling of Prosecution Witness No. 1. The Learned Metropolitan Magistrate concerned was pleased to reject the said application on the ground that by allowing the said application the petitioner herein could not be permitted to fill up the lacuna of the prosecution case to the disadvantage of the accused person in the said case, being the opposite party no. 2 herein. HELD THAT:- In the present case, the documents sought to be brought on record by the petitioner by way of additional evidence are documents “essential” and thus relevant for arriving at a just decision in the case. The prayer under Section 311 Cr.P.C. has been made in this case as soon as the documents were made available to the petitioner and the same are essential to aid in the discovery of truth. The documents in this case are necessary only with the object of proper proof of relevant facts in order to meet the requirement of justice. The reason for not being able to bring the present materials on record at the relevant stage has been satisfactorily explained and as such the Trial Court should have allowed the prayer under Section 311 Cr.P.C., considering the materials on record, while carrying out its function of administration of criminal justice to meet the ends of justice. The accused/opposite party herein shall have ample opportunity and the liberty to counter the materials to be brought on record by the petitioner. The object underlying Section 311 of the Code 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 - In the present case, the documents sought to be brought on record are essential for arriving at a just decision and as such is to be allowed for the ends of justice. Revision allowed.
|