Recalling of witness in 138 case

Querist : Anonymous (Querist) 20 November 2011 This query is : Resolved
during cross examination in one 138 cases where questions were put with respect to loan agreement which was not brought and filed on records by the AR of the complainant bank. Thereafter the complainant's cross was over, and he closed his evidence and accused's evidence was also closed later. On day of final argument complainant moves an application to produce and summon those documents in the Court stating the reason that he was asked about said documents in his cross and he wants to summon his bank officials now to produce those documents simply to fill the lacunae of his story. Can he do so now ? Evidence from both sides led and closed. Case at Final Arguments.

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Guest (Expert) 21 November 2011
yes he can do so in the interest of justice.

Advocate. Arunagiri (Expert) 21 November 2011
You recall the witness at any time before the pronouncement of orders.

M/s. Y-not legal services (Expert) 21 November 2011
Yes he can pray for that. But admit or deny thats court's discretion. In the interest of justice court may admit that, even you are also permit to cross examine the relevant witness..

prabhakar singh (Expert) 21 November 2011
Yes! i agree with opinions expressed.

Rajeev Kumar (Expert) 21 November 2011
Yes i agree with experts

Sailesh Kumar Shah (Expert) 21 November 2011
No reason to differ.

Piyush Vaishnava (Expert) 21 November 2011
yes, i do agree with experts

Devajyoti Barman (Expert) 21 November 2011
Right advice has been given by all.

Advocate Bhartesh goyal (Expert) 21 November 2011
Yes court has ample power under sec 311 Cr.P.C.to summan material witness.object underlining sec 311 Cr.P.C is that there may not be failure of justice on account of mistake of either party in bringing the valuable evidence or record or ambiguity in the statement of witnesses.

Raj Kumar Makkad (Expert) 21 November 2011
I do agree with Goel.

Shonee Kapoor (Expert) 22 November 2011
Nothing more to add.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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