A completely defctive Special power of attorney ( overwriting in the date of stamp paper, bought on 27.08.2009 stamp paper boiught as Prop. but attorney given by partner, no mention of details of the complaint/s to be filed under section 138 N I Act, Execution date mentioned in the SPOA is an year before 25.08.2008) can the Trial Court refuse to re call the complainant witness, on application under section 311 Cr P C ?
after the conviction, of the accused, again application u/s 311, was filed before the appellate court, part b of the Cr P C is a mandatory provision, can the appellate court dismiss the application? what remedy is before the accused if the appellate copurt insits to hear the arguments on application u/s 311 and arguments of the main appeal, simultaneously.
Please advice
