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TMI Blog2022 (3) TMI 925X X X X Extracts X X X X X X X X Extracts X X X X ..... CrPC and the determinative factor is whether it is essential to the just decision of the case or not? On bare perusal of provisions of Sections 91 and 311 of CrPC, it apparent that non-affixing of seal over the documents is not material as in the light of provisions made under the Bankers Book Evidence Act, no Bank Officer shall be compelled to produce documents and it shall be presumed that the documents were issued by the authority of the Bank concerned and it can be proved before the Court very well. It is also relevant to mention here that the matter is regarding Section 138 of the NI Act and the objection raised by the petitioner in the present matter is irrelevant. The learned trial Court has not committed any manifest error of law warranting interference under exercise of inherent powers of this Court. Admittedly, there is no reason in the present matter to exercise powers under Section 482 of CrPC to make such orders as may be necessary to give effect to any order under the Code or to prevent abuse of process of any Court or otherwise to secure the ends of justice - Petition dismissed. - MCRC 29183 of 2018 And MCRC 24140 of 2018 - - - Dated:- 4-3-2022 - Hon'b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oducing the statement of account as well as bank the pass book in order to prove the factum of dishonour of cheque. It is further submitted that the Power of Attorney Holder of the complainant (PW1) in his evidence admitted that there was no seal on Ex.P21 (from A to A) and the seal on Ex.P21 (from B to B) was prior to date of launching of proceedings and this fact brought to the notice of petitioner- complainant when a specific question was put by the defence counsel and there was no reason for leaving the bank seal on the cheque return memo and, therefore, there is no delay in filing the application. It is the mistake on the part of Bank concerned for not affixing the seal in the bank memo. It is further contended that as per provisions of Section 311 of CrPC, the Court has enormous powers for grant of permission for recalling of witness, much less for limited purpose, as claimed by the complainant. The power of the Court is plenary to summon or even recall any witness at any stage of the case if the Court considers it necessary for a just decision. To buttress his contention, the learned counsel for the petitioner has relied upon the judgment of Himachal Pradesh High Court at S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 and reexamine any such person if his evidence appears to it to be essential to the just decision of the case.'' (8) The Hon'ble Supreme Court in the case of Rajaram Prasad Yadav vs. State of Bihar Another, reported in (2013) 14 SCC 461 has held as under:- ' '17. From a conspectus consideration of the above decisions, while dealing with an application under Section 311 Cr.P.C. read along with Section 138 of the Evidence Act, we feel the following principles will have to be borne in mind by the Courts: (17.1). Whether the Court is right in thinking that the new evidence is needed by it? Whether the evidence sought to be led in under Section 311 is noted by the Court for a just decision of a case? (17.2.) The exercise of the widest discretionary power under Section 311 Cr.P.C. should ensure that the judgment should not be rendered on inchoate, inconclusive speculative presentation of f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... irable results. (17.12) The additional evidence must not be received as a disguise or to change the nature of the case against any of the party. (17.13) The power must be exercised keeping in mind that the evidence that is likely to be tendered, would be germane to the issue involved and also ensure that an opportunity of rebuttal is given to the other party. (17.14) The power under Section 311 Cr.P.C. must therefore, be invoked by the Court only in order to meet the ends of justice for strong and valid reasons and the same must be exercised with care, caution and circumspection. The Court should bear in mind that fair trial entails the interest of the accused, the victim and the society and, therefore, the grant of fair and proper opportunities to the persons concerned, must be ensured being a constitutional goal, as well as a human right.'' (9) From bare perusal of provisions of Section 91 of CrPC, it is clear that provisions of Section 91 of CrPC may be utilized during recording of defence evidence. In Indian Criminal Jurisprudence, the presumption of innocence is the legal principle/tenet of criminal justice system. Under Section 91 of CrPC the sole di ..... X X X X Extracts X X X X X X X X Extracts X X X X
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