Section 311 CrPC is aimed at justice and is not merely limited to aiding the prosecution or defence: P&H HC

In a significant ruling, the High Court of Punjab and Haryana today dismissed a petition challenging the recall of a defence witness in a cheque dishonour case, emphasizing the importance of fair trial and just decision.

The petitioner, Tej Ram, had filed a petition under Section 482 of the Criminal Procedure Code (CrPC), seeking to quash an order that allowed the recall of a defence witness under Section 311 of the CrPC in a case under Section 138 of the Negotiable Instruments Act. The case pertained to a cheque issued by the respondent, Shamsher Singh, which was dishonoured due to ‘insufficient funds’.

The petitioner completed his evidence by examining two witnesses. The accused, in his defence, examined three witnesses and tendered documents. An initial application by the accused to recall the petitioner for further cross-examination was withdrawn. Subsequently, the accused filed an application under Section 311 of the CrPC to recall his defence witness, DW2, Jasvir Singh, for further evidence. The petitioner contested this, alleging misuse of Section 311 CrPC to fill lacunae and cause a re-trial.

Justice Deepak Gupta, in his detailed analysis, referred to various precedents emphasizing the purpose of Section 311 CrPC. He highlighted that this section is aimed at justice and is not merely limited to aiding the prosecution or defence. The court found that the recall application was not an attempt to fill a lacuna or delay the trial but was aimed at providing the accused a fair opportunity to counter the petitioner’s suggestion that he wasn’t working as a commission agent. The judge dismissed the petition as meritless, asserting the accused’s right to a fair trial.

The High Court dismissed the petition, upholding the trial court’s order allowing the recall of the defence witness. The court emphasized that the application was moved to provide the accused a fair opportunity to rebut the petitioner’s case, thus supporting the ethos of a fair trial.

 Date of Decision: February 16, 2024.

Tej Ram Vs. Shamsher Singh,