2021 (11) TMI 756 - HC - Indian Laws

Dishonor of Cheque - seeking permission to lead defence evidence were dismissed - right to lead defence evidence closed - seeking directions for recalling of CW-1 for further cross-examination - petitioners has prayed that only one opportunity may be granted to the petitioners to lead defence evidence and the petitioners undertake to examine the defence witnesses in one day - HELD THAT - Doubtless, the petitioners are guilty of delaying the trial, however, this Court cannot lose sight of the fact that a fair trial is the hallmark of criminal procedure. It entails not only the rights of the victims but also the interest of the accused. It is the duty of every Court to ensure that fair and proper opportunities are granted to the accused for just decision of the case. In furtherance of the above, adducing of evidence by the accused in support of his defence is also a valuable right and allowing the same is in the interest of justice. This Court is of the opinion that interest of justice would be served if the petitioners are allowed to lead defence evidence, subject to their examining the defence witnesses on one single day. The cross-examination of all such defence witnesses shall also be conducted on the same day. It has been informed that the next date of hearing fixed before the Trial Court is 13.12.2021 - it is directed that the matter be listed before the concerned Trial Court on 22.11.2021 for the petitioners to take appropriate steps for leading their defence evidence. The same shall however be subject to payment of cost of ₹ 30,000/- in each case, to be payable to the respondent, within a period of two weeks from today.

Summary

Issues:
Petitioners challenging orders dismissing their applications under Section 311 Cr.P.C. seeking permission to lead defense evidence and recall a witness for cross-examination.

Analysis:
The petitions were filed under Section 482 Cr.P.C. to challenge orders passed by the Sessions Court upholding the dismissal of their applications under Section 311 Cr.P.C. The complaints were filed in 2013 regarding dishonored cheques, and the petitioners sought to lead defense evidence and recall a witness for cross-examination. The Trial Court and Sessions Court noted the delay caused by the petitioners in the proceedings. The petitioners filed multiple applications under Section 311 Cr.P.C. and Section 91 Cr.P.C., which were seen as attempts to delay the trial.

The Trial Court had directed the petitioners to lead defense evidence since 2015, but the matter was delayed due to various reasons, including exemption applications. The petitioners sought to recall a witness after a change in counsel, but the Court observed that the agreement in question was known to the petitioners before. The Court referred to the scope of judicial superintendence under Article 227 and Section 482 Cr.P.C., emphasizing the need for fair trial and limited grounds for recalling witnesses.

The Court rejected the prayer for recalling the witness but allowed the petitioners to lead defense evidence on the condition that it would be done in a single day. The matter was directed to be listed before the Trial Court for the petitioners to proceed with their defense evidence, subject to payment of costs. The Trial Court was instructed to expedite the trial and conclude it within three months. The petitions were disposed of with these directions, emphasizing the importance of fair trial and timely conclusion of proceedings.