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TMI Blog2019 (6) TMI 1130X X X X Extracts X X X X X X X X Extracts X X X X ..... aid orders when represented to the bankers were returned with remark Payment Stopped . The present complaints are under Section 138 of the Negotiable Instruments Act. The complainant wants to bring on record certain documents, which according to the complainant, are relevant to the transaction between the complainant and the accused and go to the root of the matter - The accused would get an opportunity to cross examine the witnesses at length and no prejudice would be caused to the accused if the documents relating to the transaction are allowed to be produced on record, which would help the trial Court to decide the matter correctly. Section 311 of the Criminal Procedure Code - HELD THAT:- This Court does not prevent the Court to summon or even recall the witness. In this context a useful reference could be made to the judgment of the Apex Court in the matter of Mohan Lal Shamji Soni V/s. Union of India ors. [ 1991 (2) TMI 142 - SUPREME COURT ] wherein the Apex Court had considered the scope of Section 540 of the Criminal Procedure Code which is similar to Section 311 of the Code. The Apex Court observed that it is a cardinal rule in the law of evidence that the best avai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... used. The advocate for the Complainant filed a pursis submitted that no further witness on behalf of the complainant to be examined. Thereafter on 05/09/2018 the Trial Court recorded the statement of the Accused under Section 313 of the Criminal Procedure Code and posted the matter for final argument as the accused chose not to examine himself. 5. It is after the matter was closed for arguments, that the applications in the both the complaints under Section 311 of the Criminal Procedure came to be filed by the Complainant on 14/09/2018 to recall the witness (CW1) and allow the complainant to produce the relevant documents through its witness. It is stated in the said applications that the complainant has found certain relevant documents which will go to the root of the matter. 6. The accused opposed the said applications and filed a reply stating that the applications are frivolous and mischievous. It is also stated that after cross examination of the witness is over and after the matter is fixed for arguments, the Court should not allow the complainant to fill up the lacuna by recalling the witness and surreptitiously bringing on record the fabricated documents. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inal Procedure Code which is taken exception to by way of the present Writ Petitions. 11. Heard the learned counsel for the parties. The learned counsel appearing on behalf of the Petitioner Accused Mr. Atul Pande contended that the cross examination of the witness of the complainant is over and the matter is closed for arguments. The documents sought to be produced through the witnesses were within the knowledge of the complainant and the same should have been produced before the evidence was closed. It is contended that by the earlier applications the complainant sought to recall the witness (CW 1) and the Trial Court has rejected the earlier applications of the complainant as also this Court has dismissed the Writ Petitions filed against the said rejection and now it is only in view of the liberty granted by this Court, the Complainant filed the fresh applications to fill up a lacuna through three witnesses by bringing on record some fabricated documents, which cannot be allowed. It is also contended that the Trial Court should not have changed its earlier view and allowed the fresh applications. It is contended that the subsequent applications came to be allowed by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... another reported in (2014) 13 SCC 59. He therefore prays that the Petitions be dismissed. 13. Having heard the learned counsel for the parties, I have bestowed my anxious consideration to the rival contentions. It is required to be noted that earlier applications filed by the Complainant under Section 311 of the Criminal Procedure Code came to be rejected by the trial Court. As against the said rejection the complainant had filed Criminal Writ Petition before this Court. As indicated herein above, this Court by order dated 21/01/2019 dismissed the said Writ Petitions, however, liberty was granted to the Complainant to move appropriate application with specific averments and pleadings before the trial Court. It is in pursuance of the said liberty, that the complainant has filed the fresh applications. It is pertinent to mention at this stage that while disposing of the earlier Writ Petitions, this Court in paragraph 4 of the order dated 21/01/2019 has recorded the submissions of the learned counsel for the complainant, which for the sake of ready reference, is reproduced as under : 4. The learned counsel for the petitioner/complainant fairly submits that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the cross examination of the witness of the complainant is over and the matter is closed for arguments. Now the complainant wants to bring on record certain documents which, according to the complainant, would go to the root of the matter. The accused had placed orders for goods with the complainant and the cheques issued as against the said orders when represented to the bankers were returned with remark Payment Stopped . The present complaints are under Section 138 of the Negotiable Instruments Act. The complainant wants to bring on record certain documents, which according to the complainant, are relevant to the transaction between the complainant and the accused and go to the root of the matter. The documents want to be produced by the complainant through the witnesses are, minutes of meeting dated 06th May 2015, the bank statements and the documents relating to delivery through consignment agent M/s. BMG Chemicals. Though this Court, as referred to above, has recorded the submissions of the learned counsel for the complainant as regards minutes/resolution of the board meeting and examination of a person from M/s., BMG Chemicals, in addition, the complainant wants to produce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... een two parties and declare at the end of the combat who has won and who has lost or is there not any legal duty of his own, independent of the parties, to take an active role in the proceedings in finding the truth and administering justice? It is a well accepted and settled principle that a Court must discharge its statutory functionswhether discretionary or obligatoryaccording to law in dispensing justice because it is the duty of a Court not only to do justice but also to ensure that justice is being done. In order to enable the Court to find out the truth and render a just decision, the salutary provisions of Section 540 of the Code (Section 311 of the New Code) are enacted whereunder any Court by exercising its discretionary authority at any stage of enquiry, trial or other proceeding can summon any person as a witness or examine any person in attendance though not summoned as a witness or recall and reexamine any person already examined who are expected to be able to throw light upon the matter in dispute; because if judgments happen to be rendered on inchoate,, inconclusive and speculative presentation of facts, the ends of justice would be defeated. (emphasis su ..... X X X X Extracts X X X X X X X X Extracts X X X X
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