U/s. 138 of the n.i act
Querist :
Anonymous
(Querist) 26 August 2011
This query is : Resolved
DEAR SIR,
I HAVE FILED A CRIMINAL COMPLAINT U/S. 138 OF THE N.I ACT FOR THE DISHONOURED OF THE CHEQUE.
I HAVE NOT FILED THE PURSIS / APPLICATION FOR CLOSING OF THE EVIDENCE BUT STILL THE MAGISTRATE RECORDED THE STATEMENT OF THE RESPONDENT / ACCUSED U/S. 313 OF C.R.P.C AND MATTER WAS KEPT FOR FINAL ARGUMENT BY WAY OF LAST CHANCE TO ME.
I FILED AN APPLICATION U/S. 311 OF C.R.P.C FOR RECALLING OF THE WITNESS THAT IS COMPLAINANT HIMSELF FOR THE PURPOSE BRINING THE CERTAIN DOCUMENTS ON RECORD WHICH ARE CRUCIAL AND VITAL DOCUMENTS FOR THE TRUE , CORRECT AND PROPER DECISION OF THE CASE. AFTER RECORDED THE STATEMENT OF THE RESPONDENT / ACCUSED U/S. 313 OF C.R.P.C
THE APPLICATION OF THE U.S 311 OF C.R.P.C STANDS REJECTED.
PLEASE PROVIDE YOUR VIEWPOINTS
ARE THERE ANY JUDGMENT WHICH STATES THAT IF I HAVE NOT FILED THE PURSIS / APPLICATION FOR CLOSING OF THE EVIDENCE. BUT STILL THE MAGISTRATE RECORDED THE STATEMENT OF THE RESPONDENT / ACCUSED U/S. 313 OF C.R.P.C AND MATTER WAS KEPT FOR FINAL ARGUMENT BY WAY OF LAST CHANCE TO ME.
WHAT TO DO FOR BRINING THE CERTAIN DOCUMENTS ON RECORD.
PLEASE GIVE ME YOUR OPINION & REFERENCE ON IT.
THANK YOU
ajay sethi
(Expert) 26 August 2011
yes you can make an application for recalling of witness even after witness statement recorded but you must have strong grounds . what are the documents you want to bring on record?
you can file an appeal aginst order rejecting your application .
In Mohanlal Shamji Soni v. Union of India & Anr. AIR 1991 SC 1346 it was observed that it is a cardinal rule in the law of evidence that the best available evidence should be brought before the Court to prove a fact or the points in issue. But it is left either for the prosecution or for the defence to establish its respective case by adducing the best available evidence and the Court is not empowered under the provisions of the Code to compel either the prosecution or the defence to examine any particular witness or witnesses on their sides. It is the duty of a Court not only to do justice but also to ensure that justice is being done. It was further held that the second part of the Section does not allow for any discretion but it binds and compels the Court to take any of the aforementioned two steps if the fresh evidence to be obtained is essential to the just decision of the case. It was emphasized that power is circumscribed by the principle that underlines Section 311 Cr.P.C., namely, evidence to be obtained should appear to the court essential to a just decision of the case by getting at the truth by all lawful means. Further, that the power must be used judicially and not capriciously or arbitrarily. It was further observed that evidence should not be received as a disguise for a retrial or to change the nature of the case against either of the parties and the discretion of the Court must obviously be dictated by exigency of the situation and fair play and good sense appear to be the safe guides and that only the requirement of justice command the examination of any person which would depend on the facts and circumstances of each case.
ajay sethi
(Expert) 26 August 2011
in P. Chhaganlal Daga v. M. Sanjay Shaw (2003) 11 SCC 486 where permission granted by the Court to a complainant to produce additional material after evidence had been closed and case was posted for judgment was upheld repelling the contention that production of the document at that belated stage would amount to filling in a lacuna.
Querist :
Anonymous
(Querist) 26 August 2011
DEAR SIR,
THANK YOU FOR YOUR VIEWPOINTS.
THE DOCUMENTS WANT TO BRING ON RECORD ARE TAX INVOICE , DELIVERY CHALLAN & AUDITED STATEMENTS OF ACCOUNTS.
THANK YOU
adv. rajeev ( rajoo )
(Expert) 26 August 2011
You have to file criminal revision petition in the Dist., and Sessions judge court.
Dr Anil Kumar Singh
(Expert) 26 August 2011
File revision stating facts as advised by experts. Evidences can be taken on record at any stage but the court must be satisfied by the grounds stated in the application after the closing of the evidence
ashok kumar singh
(Expert) 26 August 2011
agree with the expert opinion, consult ur advocate, since ur not able to cast proper legal point of view.
thanks
DEFENSE ADVOCATE.-firmaction@g
(Expert) 26 August 2011
Not mentioned in the pleadings can not be added by recalling the complainant :- Please read the following SC citation.
CASE NO.:
Appeal (crl.) 950 of 2006
PETITIONER:
Sabitha Ramamurthy & Anr.
RESPONDENT:
R.B.S. Channabasavaradhya
DATE OF JUDGMENT: 13/09/2006
"From the above, it is evident that in the complaint
there are no averments against the appellants
except stating in the title that they are partners of
the firm. Learned counsel for the respondent
complainants contended that a copy of the
partnership deed was also filed which would show
that the appellants were active in the business. No
such document was filed with the complaint or
made part thereof. The filing of the partnership
deed later is of no consequence for determining the
point in issue.
