[S. 311- Cr.P.C.] HC: Change of Counsel is no ground for recall of Witness [Read Judgment]

 

In, Rajinder Trehan vs M/s HDFC Bank ltd, a Single Bench of Punjab & Haryana HC has held that, the Court has vast powers under Section 311 of Cr.P.c, which can certainly be invoked to secure the ends of justice, if it is essential to summon and examine or recall and re-examine any person, if his evidence appears to be essential to the just decision of the case.

Facts

The court was dealing with a petition under Section 482 Cr.P.c for quashing order passed by JMIC, Amritsar in complaint registered under Section 138 of the Negotiable Instruments Act vide which the application moved by the petitioner/accused under Section 311 of Cr.P.c was dismissed.

In the instant case the respondent-HDFC Bank filed a complaint against the petitioner who is the authorized signatory of M/s EMM EMM Constructions with the allegations that the post-dated cheque issued by the petitioner to repay the loan taken by the firm was dishonored due to insufficiency of funds.

Contention Made ;

Petitioner: That moving of the present application has been necessitated because of a change of counsel.

That under Section 311 Cr.P.c this Court has ample powers to re-summon the witnesses for cross examination even though he has been examined and cross examined earlier.

Court Observation

The Single Bench of Punjab & Haryana HC has observed that, A perusal of Section 311 Cr.PC along with the law cited would clearly establish that the Court has vast powers which can certainly be invoked to secure the ends of justice, if it is essential to summon and examine or recall and re-examine any person, if his evidence appears to be essential to the just decision of the case.

Court Judgment

The Punjab & Haryana While dismissing the petition has held that, the present case a perusal of the application and reply filed thereon would clearly establish that the moving of the present application is a delaying tactic on the part of the petitioner/accused. The complaint under Section 138 of the Negotiable Instrument Act is pending since 2016 and has not been decided uptill now.

Further court held that the change of counsel is no ground for recall of witness

Case: Rajinder Trehan vs M/s HDFC Bank Ltd.
Citation: CRM-M-34596-2022

Bench: Hon’ble Mr Justice Jasjit Singh Bedi

Decided on: 17th August, 2022.

Read Judgment;

 

 

 

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