9911796707
TMI Blog2022 (4) TMI 1X X X X Extracts X X X X X X X X Extracts X X X X ..... said examination-in-chief, it appears that he is close friend of respondent No.1-Manvir Singh. Section 311 Cr.P.C. confers a wide discretion on the Court to act as the exigencies of justice require to summon a witness or recall or re- examine any person already examined if his evidence appears to it to be essential to the just decision of the case. Further it is the duty of every Court to ensure that a fair and proper opportunities are granted to the accused for just decision of the case. Thus, it stands established that certain new facts surfaced in the examination-in-chief of CW-2/Kulwant Singh. In these circumstances, interest of justice demands that opportunity be given to the petitioner to further cross-examine respondent No.1-M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oned to face prosecution under Section 138 of Negotiable Instruments Act and thereafter, he appeared in the trial Court and notice of accusation was served to him to which he did not plead guilty. Complainant-respondent No.1 himself appeared in the witness box as CW1 and was cross-examined. Thereafter, CW-2/Kulwant Singh was examined in chief by way of an affidavit (Annexure P-3). Thereafter, the petitioner filed an application under Section 311 Cr.P.C. with prayer to permit him to further cross-examine CW1-Manvir Singh on the ground that CW-2-Kulwant Singh was not cited as a witness in the complaint filed by respondent No.1 under Section 138 of Negotiable Instruments Act. However, the said application was dismissed by the trial Court vi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l for the parties. Complaint lodged by respondent No.1 against the petitioner under Section 138 of Negotiable Instruments Act is Annexure P-1. From the perusal of the same, it appears that CW-2 Kulwant Singh was not cited as a witness in the said complaint. Admittedly, respondent No.1-Manvir Singh was examined as CW1 in the trial Court and in his examination-in-chief, respondent No.1 remained silent about getting any amount from aforesaid Kulwant Singh and thereafter, respondent No.1 tendered aforesaid Kulwant Singh as CW2 and his examination-in-chief by way of affidavit is Annexure P-3. From the perusal of the said examination-in-chief, it appears that he is close friend of respondent No.1-Manvir Singh. CW2 also deposed that the petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
