Dismissed

Rishi Lal Chhabara v. Prem Kumar Mehta

Rajasthan HC11 Jul 2017CRLMP/1291/2017

Case brief

AI extract

What is this about?

The High Court dismissed a petition under Section 482 CrPC challenging the dismissal of an application for further cross-examination. The court held that since the complainant in the Section 138 NI Act case was already duly cross-examined, there was no ground for recalling him.

What did the court decide?

Application for recalling the complainant for further cross-examination was dismissed; petition was dismissed.

Rishi Lal Chhabara Vs Prem Kumar Mehta — Contract and Commercial Disputes | Rajasthan HC (2017)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 1291 / 2017

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Rishi Lal Chhabara S/o Shri Jeevan Das Chhabara B/c Hindu Khatri, Punjabi, Aged About 68 Years, R/o C/o Chhabara Agency Building, Material Suppliers, Chetak Market, Ward No. 3, Rawat Bhata, Via Kota, Distt. Chittorgarh

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----Petitioner

¶5

Versus

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Prem Kumar Mehta S/o Shri Johari Lal B/c Jain, R/o 23-A, Ballabh Nagar, Kota , Distt. Kota

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----Respondent

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For Petitioner(s) : Mr. Jinesh Jain

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HON'BLE MRS. JUSTICE SABINA

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Order

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11/07/2017

¶12

Petitioner has filed this petition under Section 482 Code of Criminal Procedure, 1973 challenging the orders dated 10.11.2016 and 09.01.2017, whereby application moved by the petitioner for further cross examination of the complainant, was dismissed.

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Learned counsel for the petitioner has submitted that although, complainant had been duly cross-examined by the petitioner, but certain relevant question could not be put to the complainant in his cross-examination. Hence, it was necessary in the interest of justice to recall the complainant for further cross examination.

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Section 311 Code of Criminal Procedure, 1973 reads as under:-

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“ Power to summon material witness, or examine person present. Any Court may, at any

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(2 of 2)

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[CRLMP-1291/2017]

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stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or. recall and re- examine any person already examined; and the Court shall summon and examine or recall and re- examine any such person if his evidence appears to it to be essential to the just decision of the case.”

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Thus, as per the above provision trial Court has ample powers to recall a witness for re-examination, if it is essential in the interest of justice.

¶20

In the present case complainant has filed a complaint against the petitioner under Section 138 of the Negotiable Instruments Act, 1881. Complainant was duly cross-examined by the petitioner. Hence, the courts below rightly dismissed the application filed by the petitioner for recalling the complainant for further cross-examination as the complainant had already been duly cross-examined by the petitioner.

¶21

No ground for interference is made out.

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Dismissed.

¶23

(SABINA) J.

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Sudha/15

Rishi Lal Chhabara v. Prem Kumar Mehta

Case brief

What is this about?

What did the court decide?

Rishi Lal Chhabara v. Prem Kumar Mehta

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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