Criminal writ petition u/s. 482
VINAY B SHAH
(Querist) 10 March 2012
This query is : Resolved
DEAR SIR,
I HAVE FILED A CRIMINAL COMPLAINT U/S. 138 OF THE N.I ACT FOR THE DISHONORED OF THE CHEQUE.
AFTER RECORDED THE STATEMENT OF THE RESPONDENT / ACCUSED U/S. 313 OF C.R.P.C
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 ON RECODE THE COPY OF DELIVERY CHALLAN & TAX INVOICE.(THIS 2 DOCUMENTS ARE NOT EXI BIT) THIS DOCUMENTS ARE CRUCIAL AND VITAL DOCUMENTS FOR THE TRUE , CORRECT AND PROPER DECISION OF THE CASE.
THE APPLICATION OF THE U/S 311 OF C.R.P.C STANDS REJECTED.
NOW I GO TO BOBMAY HIGH COUNT FOR CRIMINAL WRIT PETITION U/S. 482
PLEASE PROVIDE YOUR VIEWPOINTS
ARE THERE ANY JUDGMENT WHICH STATES THAT IF I HAVE NOT FILED DOCUMENT I CAN BRING ON RECODE AT THIS TIME.
WHAT TO DO FOR BRINING THE CERTAIN DOCUMENTS ON RECORD.
PLEASE GIVE ME YOUR OPINION & REFERENCE & JUDGMENT ON IT
THANK YOU
Raj Kumar Makkad
(Expert) 10 March 2012
The proposed act is accurate on your part as the witness can be recalled and documents left un-exhibited can also be got exhibited if the same is just and proper for the decision of the case and which could not be produced earlier even after due diligence.
VINAY B SHAH
(Querist) 10 March 2012
DEAR RAJ KUMAR MAKKAD JE,
THANK YOU FOR YOUR REPLY PLEASE GIVE ME JUDGMENT ON IT SO I CAN SHOW IT
THANK YOU
DEFENSE ADVOCATE.-firmaction@g
(Expert) 10 March 2012
Being a complainant you can not be allowed to fill in your locuna after you have closed your evidence.
In revision the opponent will also have opportunity to oppose your plea.
ajay sethi
(Expert) 10 March 2012
Mohanlal
Shamji Soni v. Union of India & Anr. AIR 1991 SC 1346.
4. There is no dispute about the preposition of law laid down in the case
Mohanlal Shamji Soni (Supra) 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 prosecutiion 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. 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 or re-examine any person in attendance though not
summoned as a witness or recall or re-examine any person already exasmined 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.
ajay sethi
(Expert) 10 March 2012
mr rajeev
thanks for your appreciation .
DEFENSE ADVOCATE.-firmaction@g
(Expert) 10 March 2012
The citation is for recall of witness u/s 311 , it can not be used to submit documents which are not earlier submitted.The above case law is for the year 1991, I give below the recent observation of SURPREME COURT in the year 2006 in NI 138 CASE.
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.
venkatesh Rao
(Expert) 10 March 2012
This is revisable order under 397 cr.p.c. Convince the court of revision that the documents are vital in nature and play a crucial role in deciding the case properly.
Raj Kumar Makkad
(Expert) 10 March 2012
I think you have now sufficient material to show before the court.
Nadeem Qureshi
(Expert) 11 March 2012
thanks a lot Mr. Ajay and Mr JSDN
Shonee Kapoor
(Expert) 11 March 2012
Thanks to the experts.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
