Negotiable Instrument Act

lalitkumar bhandari (Querist) 17 February 2011 This query is : Resolved
there is one case of dishonour of cheque.In this case complainant's evidence is closed by filing evidence close purshis.The complainant has not examined any witness. After that accused stepped into witness box in his deposition some new facts come on the records.now the complainant wants to examine bank witness by way of additional evidance.whether it is permissible as per evidence Act.suggest any judgement.

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indrajit mukhopadhyay (Expert) 17 February 2011
This is permissible not under Evidence act, it's pemissible u/s311 crpc i.e recalling of witnesses
If the conducting court is satisfied that for the end of justice recalling is necessary, then court can do so.
If you think that you have been victimized for not allowing the permission to recall by court you also can file criminal revision to that effect.If you can show that you've been victimized for not allowing the same, thew higher court must allow it.
so many judgments are available .recent are 2009 scc (cri), 2010 scc (cri),1996 scc(cri),2006 scc (cri) and so many.

indrajit mukhopadhyay (Expert) 17 February 2011
This is permissible not under Evidence act, it's permissible u/s311 crpc i.e recalling of witnesses
If the conducting court is satisfied that for the end of justice recalling is necessary, then court can do so.
If you think that you have been victimized for not allowing the permission to recall by court you also can file criminal revision to that effect.If you can show that you've been victimized for not allowing the same, thew higher court must allow it.
so many judgments are available .recent are 2009 scc (cri), 2010 scc (cri),1996 scc(cri),2006 scc (cri) and so many.