TMI Blog2020 (9) TMI 1065X X X X Extracts X X X X X X X X Extracts X X X X ..... the applicant lacking the reasonable cause for calling the witness as well as documents. Petition dismissed. - Miscellaneous Criminal Case No. 7768/2020 - - - Dated:- 12-5-2020 - Rajeev Kumar Shrivastava , J. For the Appellant : J.S. Rathore, Learned Counsel For the Respondents : Pramod Gupta, Learned Counsel and Sunil Gupta ORDER Rajeev Kumar Shrivastava, J. 1. This petition under Section 482 of CrPC has been preferred against the order dated 29/1/2020 passed by Judicial Magistrate First Class, Gwalior in Criminal Case No. 10082/2013. 2. The facts in short are that the respondent has filed a private complaint under Section 138 of Negotiable Instruments Act before the Court of Judicial Magistrate First Class, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... allow this petition. 4. Learned counsel for the respondent has opposed the same and has submitted that the trial Court has rightly rejected the application filed by the petitioner under Section 311 of the CrPC. Hence, prayed to reject the petition. 5. Heard learned counsel for the parties and perused the documents available on record. 6. Section 311 of CrPC runs as under:- 311. Power to summon material witness, or examine person present.--Any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or recall and re-examine any person already examined; and the Court shall summon and examine or recall ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not arbitrarily. (g). The court must satisfy itself that it was in every respect essential to examine such a witness or to recall him for further examination in order to arrive at a just decision of the case. (h). The object of Section 311 CrPC simultaneously imposes a duty on the court to determine the truth and to render a just decision. (i). The court arrives at the conclusion that additional evidence is necessary, not because it would be impossible to pronounce the judgment without it, but because there would be a failure of justice without such evidence being considered. (j). Exigency of the situation, fair play and good sense should be the safeguard, while exercising the discretion. The court should bear in mind th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d proper opportunities to the persons concerned, must be ensured being a constitutional goal, as well as a human right. 9. In the present case, it is apparent from the record that the petitioner had not established that for which purpose he wanted to summon the employee of the respondent-Bank. It had also not been stated by the petitioner that which bank document he wanted to summon. The petitioner had also not established the essentiality of the respondent-bank employee and document to be summoned to prove his defence. Therefore, the trial Court has rightly rejected the application of the applicant lacking the reasonable cause for calling the witness as well as documents. 10. In view of the aforesaid discussion as well as the princ ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
