Recently, the Karnataka High Court dealt with a Criminal Petition filed by an accused against an Order passed by a Magistrate in the proceedings for an offence under Section 138 of the Negotiable Instruments Act, 1881. In the impugned order, the trial court rejected the accused’s application under Section 311 of the CrPC, seeking a recall of PW1 for further cross-examination. The trial court had opined that this application was filed only to drag the proceedings.
The counsel for the petitioner submitted before the High Court that if one opportunity is granted, he will finish the cross-examination of PW1 on the very same day. The respondent replied that he would have no objection if the petitioner actually finished the cross-examination on the same day.
The High Court referred to the judgement of the Supreme Court in the case of Varsha Garg v. State of Madhya Pradesh, wherein it was stated that “the criminal court has ample power to summon any person as a witness or recall and re-examine any such person even if the evidence on both sides is closed and the jurisdiction of the court must obviously be dictated by exigency of the situation, and fair play and good sense appear to be the only safe guides and that only the requirements of justice command the examination of any person which would depend on the facts and circumstances of each case."
The High Court allowed the Criminal Petition and quashed the Magistrate’s order, stating that “In the light of the law laid down by the Apex Court in the afore-quoted judgment, I deem it appropriate to allow the application so filed by the petitioners and permit the petitioners to further cross-examine PW.1 on the day fixed by the concerned Court. The date shall be assigned by the concerned Court to a particular day and the petitioners shall conclude their further cross-examination on the said date. It is made clear that this would be the last opportunity to the petitioners to further cross-examine the PW.1. No application of the kind that is now being agitated will be permitted to be filed by the petitioners, all over again.”
However, the High Court made it clear that the petitioners shall not be granted any adjournment for further cross-examination on the said date.
Bench: Justice M. Nagaprasanna
Order Date: 3rd September 2024
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