27.02.2026 vs Hp State Co-Operative Agricultural & … on 12 March, 2026

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    Himachal Pradesh High Court

    Reserved On: 27.02.2026 vs Hp State Co-Operative Agricultural & … on 12 March, 2026

                                                                                         2026:HHC:6749
    
    
    
    
          IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
    
    
    
    
                                                                                       .
                                                  Cr. MMO No. 57 of 2026
    
    
    
    
    
                                                  Reserved on: 27.02.2026
                                                  Date of Decision: 12.03.2026.
    
    
    
    
    
        Yashwant Singh                                                               ...Petitioner
    
    
    
    
                                                         of
                                               Versus
    
        HP State Co-operative Agricultural & Rural Bank Ltd.
                               rt                       ...Respondent
    
        Coram
        Hon'ble Mr Justice Rakesh Kainthla, Judge.
        Whether approved for reporting?1 No
    
    
    
        For the Petitioner                          :      Mr Tara Singh Chauhan, Senior
                                                           Advocate, with Mr Surya
                                                           Chauhan, Advocate.
    
    
    
    
        For Respondent                              :      Mr Deepak Sharma, Advocate.
    
    
    
    
    
        Rakesh Kainthla, Judge
    

    The present petition is directed against the order

    dated 09.12.2025 passed by learned Judicial Magistrate First

    SPONSORED

    Class, Arki, District Solan, H.P. (learned Trial Court) in Cr. Case

    No. 61/3 of 2011 titled HP State Co-operative Agricultural Bank

    Ltd. vs. Yashwant Singh vide which learned Trial Court allowed

    the application filed by the respondent (complainant before the
    1
    Whether reporters of Local Papers may be allowed to see the judgment? Yes.

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    learned Trial Court) under Section 311 Cr.P.C. for placing the

    documents on record and examining the witnesses. (Parties shall

    .

    hereinafter be referred to in the same manner as they were arrayed

    before the learned Trial Court for convenience.)

    2. Briefly stated, the facts giving rise to the present

    of
    petition are that the complainant filed a complaint against the

    accused before the learned Trial Court for the commission of an

    offence
    rt
    punishable under Section 138 of the Negotiable

    Instruments Act (NI Act). When the matter was listed before the

    learned Trial Court, the complainant filed an application under

    Section 311 of Cr.P.C. for filing the documents and summoning the

    witnesses. It was asserted that the accused denied his signature

    on the cheque, that he had opened a bank account in the name of

    M/s Payal Automobiles with State Bank of Patiala, Ghumarwin or

    that he had taken the agency/dealership of Sonalika International

    Tractors. An FIR was registered against the accused, and a charge

    sheet was filed before the Court. It was found during the

    investigation that the accused had opened an account with the

    State Bank of Patiala, Ghumarwin, in the name of M/s Payal

    Automobiles. He had also issued the cheques. His signatures were

    sent for verification to SFSL, and as per the report, the signatures

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    tallied with the specimen signatures. He also filed an application

    for bail in which he admitted that he was an agent/dealer of M/s

    .

    Sonalika International, and he had suffered a huge loss. The

    record is to be produced to show the falsity of the plea taken by

    the respondent/accused in the present case. Hence, it was prayed

    that the present application be allowed, the documents be taken

    of
    on record, and the witnesses be summoned to prove the

    documents. rt

    3. The application was opposed by filing a reply taking

    preliminary objection regarding the lack of maintainability. The

    contents of the application were denied on merits. It was

    specifically denied that the police had found that the accused had

    opened an account with State Bank of Patiala, Ghumarwin, in the

    name of M/s Payal Automobiles or had issued the cheque. The

    application was filed for prolonging the proceedings. Hence, it

    was prayed that the application be dismissed.

    4. Learned Trial Court held that the evidence sought to

    be produced was necessary to establish the plea taken before the

    Court. Therefore, the application was allowed subject to the

    payment of the cost of ₹800/-.

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    5. Being aggrieved by the order passed by the learned

    Trial Court, the petitioner/accused has filed the present petition

    .

    asserting that the learned Trial Court failed to exercise the

    jurisdiction vested in it as per the law and wrongly allowed the

    application. The application was filed to fill the lacuna left by the

    complainant. The complaint was filed in the year 2011, and the

    of
    evidence was completed on 02.09.2024. The application was filed

    to delay the trial. Therefore, it was prayed that the present
    rt
    petition be allowed and the order passed by the learned Trial

    Court be set aside.

    6. I have heard Mr Tara Singh Chauhan, learned Senior

    Advocate, assisted by Mr Surya Chauhan, learned counsel for the

    petitioner/accused, and Mr Deepak Sharma, learned counsel for

    the respondent/complainant.

    7. Mr Tara Singh Chauhan, learned Senior Counsel for

    the petitioner/accused, submitted that the learned Trial Court

    erred in allowing the application. The application was filed to fill

    the lacuna left by the complainant and prolong the proceedings.

    Learned Trial Court erred in exercising the jurisdiction vested in

    it. Hence, he prayed that the present petition be allowed and the

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    order passed by the learned Trial Court be set aside. He relied

    upon the judgment of Swapan Kumar Chatterjee vs. Central Bureau

    .

    of Investigation, Criminal Appeal No. 15 of 2019, decided on

    04.01.2019, in support of his submission.

    8. Mr Deepak Sharma, learned counsel for the

    of
    respondent/complainant, had supported the order passed by the

    learned Trial Court and submitted that no interference is required

    with it.

    rt

    9. I have given considerable thought to the submissions

    made at the bar and have gone through the records carefully.

    10. It was laid down by Hon’ble Supreme Court in V.N.

    Patil v. K. Niranjan Kumar, (2021) 3 SCC 661: 2021 SCC OnLine SC

    172, that the object underlying under Section 311 of Cr.P.C. is that

    there should not be any failure of justice due to the mistake of

    either party in bringing the valuable evidence on record or leaving

    ambiguity in the statements of witnesses examined from either

    side. It was observed:

    14. The object underlying Section 311 CrPC is that there may
    not be a failure of justice on account of the mistake of
    either party in bringing the valuable evidence on record or
    leaving ambiguity in the statements of the witnesses
    examined from either side. The determinative factor is

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    whether it is essential to the just decision of the case. The
    significant expression that occurs is “at any stage of any
    inquiry or trial, or other proceeding under this Code”. It is,

    .

    however, to be borne in mind that the discretionary power

    conferred under Section 311 CrPC has to be exercised
    judiciously, as it is always said, “the wider the power, the
    greater is the necessity of caution while the exercise of

    judicious discretion”.

    xxxxx

    of

    16. This principle has been further reiterated in Mannan
    Shaikh v. State of W.B.
    , (2014) 13 SCC 59 : (2014) 5 SCC (Cri)
    547 and thereafter in Ratanlal v. Prahlad Jat, (2017) 9 SCC
    340 : (2017) 3 SCC (Cri) 729 and Swapan Kumar Chatterjee v.

    rt
    CBI, (2019) 14 SCC 328 : (2019) 4 SCC (Cri) 839. The relevant
    paragraphs of Swapan Kumar Chatterjee v. CBI, (2019) 14

    SCC 328 : (2019) 4 SCC (Cri) 839] are as under: (Swapan
    Kumar Chatterjee
    case [Swapan Kumar Chatterjee v. CBI,
    (2019) 14 SCC 328 : (2019) 4 SCC (Cri) 839], SCC p. 331, paras

    10-11)

    “10. The first part of this section which is permissive
    gives purely discretionary authority to the criminal

    court and enables it at any stage of inquiry, trial or
    other proceedings under the Code to act in one of the

    three ways, namely, (i) to summon any person as a
    witness; or (ii) to examine any person in attendance,

    though not summoned as a witness; or (iii) to recall
    and re-examine any person already examined. The
    second part, which is mandatory, imposes an
    obligation on the court (i) to summon and examine,
    or (ii) to recall and re-examine any such person if his
    evidence appears to be essential to the just decision
    of the case.

    11. It is well settled that the power conferred under
    Section 311 should be invoked by the court only to
    meet the ends of justice. The power is to be exercised
    only for strong and valid reasons, and it should be

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    exercised with great caution and circumspection.
    The court has the power under this section to even
    recall witnesses for re-examination or further

    .

    examination, necessary in the interest of justice, but

    the same has to be exercised after taking into
    consideration the facts and circumstances of each
    case. The power under this provision shall not be

    exercised if the court is of the view that the
    application has been filed as an abuse of the process
    of law.”

    of

    17. The aim of every court is to discover the truth.
    Section 311 CrPC is one of many such provisions
    which strengthen the arms of a court in its effort to
    rt
    unearth the truth by procedure sanctioned by law. At
    the same time, the discretionary power vested under

    Section 311 CrPC has to be exercised judiciously for
    strong and valid reasons and with caution and
    circumspection to meet the ends of justice.”

    11. It was held in State v. N. Seenivasagan, (2021) 14 SCC 1:

    2021 SCC OnLine SC 212, that the true test under Section 311 is

    whether the evidence of the person who is sought to be examined

    or recalled is essential to the just decision of the case or not. It

    was observed:

    “12. In our view, having due regard to the nature and ambit
    of Section 311 of the CrPC, it was appropriate and proper
    that the applications filed by the prosecution ought to have
    been allowed. Section 311 provides that any court may, at
    any stage of any inquiry, trial or other proceedings under
    CrPC, summon any person as a witness, 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-

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    examine any such person “if his evidence appears to it to
    be essential to the just decision of the case”. The true test,
    therefore, is whether it appears to the Court that the

    .

    evidence of such a person who is sought to be recalled is

    essential to the just decision of the case.

    13. In Manju Devi v. State of Rajasthan, (2019) 6 SCC 203 :

    (2019) 2 SCC (Cri) 765, a two-Judge Bench of this Court
    noted that an application under Section 311 could not be
    rejected on the sole ground that the case had been pending

    of
    for an inordinate amount of time (ten years there). Rather,
    it noted that: (SCC p. 209, para 13)

    “13. … the length/duration of a case cannot displace
    the basic requirement of ensuring a just decision
    rt
    after taking all the necessary and material evidence
    on record. In other words, the age of a case, by itself,

    cannot be decisive of the matter when a prayer is
    made for examination of a material witness.

    Speaking for the Court, Dinesh Maheshwari J.

    expounded on the principles underlying Section 311
    in the following terms: (Manju Devi case [Manju Devi
    v. State of Rajasthan
    , (2019) 6 SCC 203: (2019) 2 SCC

    (Cri) 765], SCC pp. 207-08, para 10)

    “10. It needs hardly any emphasis that the discretionary
    powers like those under Section 311CrPC are essentially
    intended to ensure that every necessary and appropriate

    measure is taken by the Court to keep the record straight
    and to clear any ambiguity insofar as the evidence is
    concerned, as also to ensure that no prejudice is caused to
    anyone. The principles underlying Section 311CrPC and
    amplitude of the powers of the court thereunder have been
    explained by this Court in several decisions [Vide Mohanlal
    Shamji Soni v. Union of India
    , 1991 Supp (1) SCC 271: 1991 SCC
    (Cri) 595; Zahira Habibulla H. Sheikh v. State of Gujarat,
    (2004) 4 SCC 158: 2004 SCC (Cri) 999; Mina Lalita Baruwa v.
    State of Orissa
    , (2013) 16 SCC 173 : (2014) 6 SCC (Cri) 218;
    Rajaram Prasad Yadav v. State of Bihar, (2013) 14 SCC 461 :

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    (2014) 4 SCC (Cri) 256 and Natasha Singh v. CBI, (2013) 5 SCC
    741 : (2013) 4 SCC (Cri) 828]. In Natasha Singh v. CBI
    [Natasha Singh
    v. CBI, (2013) 5 SCC 741 : (2013) 4 SCC (Cri)

    .

    828], though the application for examination of witnesses

    was filed by the accused but, on the principles relating to
    the exercise of powers under Section 311, this Court
    observed, inter alia, as under : (Natasha Singh case [Natasha

    Singh v. CBI, (2013) 5 SCC 741 : (2013) 4 SCC (Cri) 828], SCC
    pp. 746 & 748-49, paras 8 & 15)

    of
    ‘8. Section 311CrPC empowers the court to summon a
    material witness, or to examine a person present at
    “any stage” of “any enquiry”, or “trial”, or “any
    other proceedings” under CrPC, or to summon any
    rt
    person as a witness, or to recall and re-examine any
    person who has already been examined if his

    evidence appears to it, to be essential to the arrival of
    a just decision of the case. Undoubtedly, CrPC has
    conferred a very wide discretionary power upon the
    court in this respect, but such a discretion is to be

    exercised judiciously and not arbitrarily. The power
    of the court in this context is very wide, and in the
    exercise of the same, it may summon any person as a

    witness at any stage of the trial or other proceedings.

    The court is competent to exercise such power even
    suo motu if no such application has been filed by
    either of the parties. However, the court must satisfy

    itself that it was in fact essential to examine such a
    witness, or to recall him for further examination, in
    order to arrive at a just decision of the case.

    ***

    15. The scope and object of the provision is to enable the
    court to determine the truth and to render a just decision
    after discovering all relevant facts and obtaining proper
    proof of such facts, to arrive at a just decision of the case.
    Power must be exercised judiciously and not capriciously
    or arbitrarily, as any improper or capricious exercise of

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    such power may lead to undesirable results. An application
    under Section 311CrPC must not be allowed only to fill up a
    lacuna in the case of the prosecution, or of the defence, or

    .

    to the disadvantage of the accused, or to cause serious

    prejudice to the defence of the accused, or to give an unfair
    advantage to the opposite party. Further, the additional
    evidence must not be received as a disguise for retrial or to

    change the nature of the case against either of the parties.
    Such a power must be exercised, provided that the evidence
    that is likely to be tendered by a witness is germane to the

    of
    issue involved. An opportunity of rebuttal, however, must
    be given to the other party. The power conferred under
    Section 311CrPC must therefore be invoked by the court
    rt
    only in order to meet the ends of justice, for strong and
    valid reasons, and the same must be exercised with great

    caution and circumspection. The very use of words such as
    “any court”, “at any stage”, “or any enquiry, trial or other
    proceedings”, “any person” and “any such person” clearly
    spells out that the provisions of this section have been

    expressed in the widest possible terms, and do not limit the
    discretion of the court in any way. There is thus no escape
    if the fresh evidence to be obtained is essential to the just

    decision of the case. The determinative factor should
    therefore be whether the summoning/recalling of the said

    witness is, in fact, essential to the just decision of the
    case.” (emphasis in original)”

    12. It was laid down by the Hon’ble Supreme Court in

    Varsha Garg v. State of M.P., (2023) 19 SCC 646: 2022 SCC OnLine SC

    986 that the Court has the jurisdiction under Section 311 Cr.P.C. to

    summon any witness, recall or re-examine any person for the just

    decision of the case. It was observed at page 659: –

    31. Having clarified that the bar under Section 301 is
    inapplicable and that the appellant is well placed to pursue

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    this appeal, we now examine Section 311 of CrPC. Section
    311 provides that the court “may”:

    (i) Summon any person as a witness or to examine

    .

    any person in attendance, though not summoned as

    a witness; and

    (ii) Recall and re-examine any person who has
    already been examined.

    This power can be exercised at any stage of any inquiry,
    trial or other proceeding under the CrPC. The latter part of

    of
    Section 311 states that the court “shall” summon and
    examine or recall and re-examine any such person “if his
    evidence appears to the court to be essential to the just
    decision of the case”. Section 311 contains a power upon
    rt
    the court in broad terms. The statutory provision must be
    read purposively to achieve the intent of the statute to aid

    in the discovery of truth.

    32. The first part of the statutory provision, which uses the
    expression “may”, postulates that the power can be
    exercised at any stage of an inquiry, trial or other

    proceeding. The latter part of the provision mandates the
    recall of a witness by the court as it uses the expression
    “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”. Essentially, the evidence of
    the person who is to be examined, coupled with the need
    for a just decision of the case, constitutes the touchstone

    that must guide the decision of the court. The first part of
    the statutory provision is discretionary, while the latter
    part is obligatory.

    33. A Two-Judge Bench of this Court in Mohanlal Shamji
    Soni v. Union of India
    , 1991 Supp (1) SCC 271: 1991 SCC (Cri)
    595, while dealing with pari materia provisions of Section
    540 of the Criminal Code of Procedure, 1898, observed:

    (SCC p. 279, para 16)
    “16. The second part of Section 540, as pointed out
    albeit imposes upon the court an obligation of
    summoning or recalling and re-examining any

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    witness, and the only condition prescribed is that the
    evidence sought to be obtained must be essential to
    the just decision of the case. When any party to the

    .

    proceedings points out the desirability of some

    evidence being taken, then the court has to exercise
    its power under this provision — either discretionary
    or mandatory — depending on the facts and

    circumstances of each case, having in view that the
    most paramount principle underlying this provision
    is to discover or to obtain proper proof of relevant

    of
    facts in order to meet the requirements of justice.”

    34. S. Ratnavel Pandian, J. speaking for the two-Judge
    Bench, noted that the power is couched in the widest
    possible terms and calls for no limitation, either with
    rt
    regard to the stage at which it can be exercised or the
    manner of its exercise. It is only circumscribed by the

    principle that the “evidence to be obtained should appear
    to the court essential to a just decision of the case by getting
    at the truth by all lawful means. In that context, the Court
    observed: (Mohanlal Shamji Soni case [Mohanlal Shamji

    Soni v. Union of India, 1991 Supp (1) SCC 271: 1991 SCC (Cri)
    595], SCC p. 280, para 18)

    “18. … Therefore, it should be borne in mind that the
    aid of the section should be invoked only with the

    object of discovering relevant facts or obtaining
    proper proof of such facts for a just decision of the
    case, and it must be used judicially and not

    capriciously or arbitrarily because any improper or
    capricious exercise of the power may lead to
    undesirable results. Further it is incumbent that due
    care should be taken by the court while exercising
    the power under this section and it should not be
    used for filling up the lacuna left by the prosecution
    or by the defence or to the disadvantage of the
    accused or to cause serious prejudice to the defence
    of the accused or to give an unfair advantage to the
    rival side and further the additional evidence should

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    not be received as a disguise for a retrial or to change
    the nature of the case against either of the parties.”

    35. Summing up the position as it obtained from various

    .

    decisions of this Court, namely, Rameshwar Dayal v. State of

    U.P., (1978) 2 SCC 518: 1978 SCC (Cri) 311, State of W.B. v.
    Tulsidas Mundhra, 1962 SCC OnLine SC 413: 1963 Supp (1)
    SCR 1, Jamatraj Kewalji Govani v. State of Maharashtra
    , 1967

    SCC OnLine SC 19 : (1967) 3 SCR 415: AIR 1968 SC 178, Masalti
    v. State of U.P., 1964 SCC OnLine SC 30 : (1964) 8 SCR 133: AIR
    1965 SC 202, Rajeswar Prasad Misra v. State of W.B.
    , 1965 SCC

    of
    OnLine SC 122 : (1966) 1 SCR 178: AIR 1965 SC 1887 and Ratilal
    Bhanji Mithani v. State of Maharashtra
    , (1971) 1 SCC 523: 1971
    SCC (Cri) 231], the Court held : (Mohanlal Shamji Soni v.
    Union of India
    , 1991 Supp (1) SCC 271: 1991 SCC (Cri) 595],
    rt
    SCC p. 283, para 27)
    “27. The principle of law that emerges from the

    views expressed by this Court in the above decisions
    is 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.”

    36. The power of the court is not constrained by the closure
    of evidence. Therefore, it is amply clear from the above
    discussion that the broad powers under Section 311 are to
    be governed by the requirement of justice. The power must
    be exercised wherever the court finds that any evidence is
    essential for the just decision of the case. The statutory
    provision goes to emphasise that the court is not a hapless
    bystander in the derailment of justice. Quite to the
    contrary, the court has a vital role to discharge in ensuring
    that the cause of discovering truth as an aid in the
    realisation of justice is manifest.

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    13. It was further held that filling up the loopholes is a

    subsidiary factor, and the Court should be concerned with the

    .

    essentiality of the evidence. It was observed at page 662: –

    43. In the decision in Zahira Habibullah Sheikh (5) v. State of

    Gujarat, (2006) 3 SCC 374 : (2006) 2 SCC (Cri) 8, which was
    more recently reiterated in Godrej Pacific Tech. Ltd. v.

    Computer Joint India Ltd., (2008) 11 SCC 108 : (2009) 2 SCC

    of
    (Cri) 455], the Court specifically dealt with this objection
    and observed that the resultant filling of loopholes on
    account of allowing an application under Section 311 is
    merely a subsidiary factor and the court’s determination of
    rt
    the application should only be based on the test of the
    essentiality of the evidence. It noted that: [Zahira

    Habibullah Sheikh (5) v. State of Gujarat, (2006) 3 SCC 374:

    (2006) 2 SCC (Cri) 8], SCC p. 393, para 28]

    28. … The court is not empowered under the
    provisions of the Code to compel either the

    prosecution or the defence to examine any particular
    witness or witnesses on their side. This must be left
    to the parties. But in weighing the evidence, the

    court can take note of the fact that the best available
    evidence has not been given, and can draw an

    adverse inference. The court will often have to
    depend on intercepted allegations made by the

    parties, or on an inconclusive inference from facts
    elicited in the evidence. In such cases, the court has
    to act under the second part of the section.

    Sometimes, the examination of witnesses as directed by
    the court may result in what is thought to be “filling of
    loopholes”. That is purely a subsidiary factor and cannot
    be taken into account. Whether the new evidence is
    essential or not must, of course, depend on the facts
    of each case, and has to be determined by the
    Presiding Judge.” (emphasis supplied)

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    44. The right of the accused to a fair trial is constitutionally
    protected under Article 21. However, in Mina Lalita Baruwa
    v. State of Orissa
    , (2013) 16 SCC 173 : (2014) 6 SCC (Cri) 218,

    .

    while reiterating Rajendra Prasad v. Narcotic Cell, (1999) 6

    SCC 110: 1999 SCC (Cri) 1062, the Court observed that it is
    the duty of the criminal court to allow the prosecution to
    correct an error in interest of justice. In Rajendra Prasad v.

    Narcotic Cell, (1999) 6 SCC 110: 1999 SCC (Cri) 1062, the Court
    had held that: (Rajendra Prasad case [Rajendra Prasad v.
    Narcotic Cell
    , (1999) 6 SCC 110: 1999 SCC (Cri) 1062], SCC p.

    of
    113, para 8)
    “8. Lacuna in the prosecution must be understood as
    the inherent weakness or a latent wedge in the
    matrix of the prosecution case. The advantage of it
    rt
    should normally go to the accused in the trial of the
    case, but an oversight in the management of the

    prosecution cannot be treated as an irreparable
    lacuna. No party in a trial can be foreclosed from
    correcting errors. If proper evidence was not adduced or
    a relevant material was not brought on record due to

    any inadvertence, the court should be magnanimous in
    permitting such mistakes to be rectified. After all, the
    function of the criminal court is administration of

    criminal justice and not to count errors committed
    by the parties or to find out and declare who among

    the parties performed better.” (emphasis supplied)

    45. In the present case, the importance of the decoding

    registers was raised in the examination of PW 41.
    Accordingly, the decoding registers merely being
    additional documents required to be able to appreciate the
    existing evidence in the form of the call details, which are
    already on record but use codes to signify the location of
    the accused, a crucial detail, which can be decoded only
    through the decoding registers, the right of the accused to
    a fair trial is not prejudiced. The production of the
    decoding registers fits into the requirement of being
    relevant material which was not brought on record due to
    inadvertence.

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    2026:HHC:6749

    46. Finally, we also briefly deal with the objection of the
    respondents regarding the stage at which the application
    under Section 311 was filed. The respondents have placed

    .

    reliance on Swapan Kumar Chatterjee v. CBI, (2019) 14 SCC

    328 : (2019) 4 SCC (Cri) 839, a two-Judge Bench decision of
    this Court, to argue that the application should not be
    allowed as it has been made at a belated stage. The Court in

    Swapan Kumar Chatterjee v. CBI, (2019) 14 SCC 328: (2019) 4
    SCC (Cri) 839 observed: (SCC p. 331, paras 11-12)
    “11. It is well settled that the power conferred under

    of
    Section 311 should be invoked by the court only to
    meet the ends of justice. The power is to be exercised
    only for strong and valid reasons, and it should be
    exercised with great caution and circumspection.
    rt
    The court has wide power under this Section to even
    recall witnesses for re-examination or further

    examination, necessary in the interest of justice, but
    the same has to be exercised after taking into
    consideration the facts and circumstances of each
    case. The power under this provision shall not be

    exercised if the court is of the view that the
    application has been filed as an abuse of the process
    of law.

    12. Where the prosecution evidence has been closed

    long back, and the reasons for non-examination of
    the witness earlier are not satisfactory, the
    summoning of the witness at a belated stage would

    cause great prejudice to the accused and should not
    be allowed. Similarly, the court should not encourage
    the filing of successive applications for recall of a
    witness under this provision.”

    47. In the present appeal, the argument that the
    application was filed after the closure of the evidence of the
    prosecution is manifestly erroneous. As already noted
    above, the closure of the evidence of the prosecution took
    place after the application for the production of the
    decoding register and for the summoning of the witness
    under Section 311 was dismissed. Though the dismissal of

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    2026:HHC:6749

    the application and the closure of the prosecution evidence
    both took place on 13-11-2021, the application by the
    prosecution had been filed on 15-3-2021, nearly eight

    .

    months earlier. As a matter of fact, another witness for the

    prosecution, Rajesh Kumar Singh, was also released after
    examination and cross-examination on the same day as
    recorded in the order dated 13-11-2021 of the trial court.

    48. The court is vested with a broad and wholesome power,
    in terms of Section 311 CrPC, to summon and examine or
    recall and re-examine any material witness at any stage,

    of
    and the closing of prosecution evidence is not an absolute
    bar. This Court in Zahira Habibulla H. Sheikh v. State of
    Gujarat
    , (2004) 4 SCC 158: 2004 SCC (Cri) 999 while dealing
    with the prayers for adducing additional evidence under
    rt
    Section 391CrPC at the appellate stage, along with a prayer
    for examination of witnesses under Section 311CrPC

    explained the role of the court, in the following terms: (SCC
    pp. 188-89, para 43)
    “43. The courts have to take a participatory role in a

    trial. They are not expected to be tape recorders to
    record whatever is being stated by the witnesses.
    Section 311 of the Code and Section 165 of the

    Evidence Act confer vast and wide powers on
    presiding officers of the court to elicit all necessary

    materials by playing an active role in the evidence-
    collecting process. They have to monitor the
    proceedings in aid of justice in a manner that

    something, which is not relevant, is not unnecessarily
    brought into the record. Even if the prosecutor is remiss
    in some ways, it can control the proceedings effectively
    so that the ultimate objective, i.e. truth, is arrived at.
    This becomes more necessary where the court has
    reasons to believe that the prosecuting agency or the
    prosecutor is not acting in the requisite manner. The
    court cannot afford to be wishful or pretend to be
    blissfully ignorant or oblivious to such serious pitfalls or
    dereliction of duty on the part of the prosecuting agency.
    The prosecutor who does not act fairly and acts more

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    2026:HHC:6749

    like a counsel for the defence is a liability to the fair
    judicial system, and courts cannot also play into the
    hands of such a prosecuting agency, showing

    .

    indifference or adopting an attitude of total

    aloofness.” (emphasis supplied)

    49. Further, in Zahira Habibullah Sheikh (5) v. State of
    Gujarat
    , (2006) 3 SCC 374: (2006) 2 SCC (Cri) 8, the Court

    reiterated the extent of powers under Section 311 and held
    that: (SCC p. 392, para 27)
    “27. The object underlying Section 311 of the Code is

    of
    that there may not be failure of justice on account of
    mistake of either party in bringing the valuable
    evidence on record or leaving ambiguity in the
    rt
    statements of the witnesses examined from either
    side. The determinative factor is whether it is essential
    to the just decision of the case. The section is not

    limited only for the benefit of the accused, and it will
    not be an improper exercise of the powers of the
    court to summon a witness under the section merely

    because the evidence supports the case of the
    prosecution and not that of the accused. The section
    is a general section which applies to all proceedings,

    enquiries and trials under the Code and empowers
    the Magistrate to issue a summons to any witness at

    any stage of such proceedings, trial or enquiry. In
    Section 311, the significant expression that occurs is at
    any stage of any inquiry, trial or other proceeding under

    this Code. It is, however, to be borne in mind that
    whereas the section confers a very wide power on the
    court on summoning witnesses, the discretion
    conferred is to be exercised judiciously, as the wider
    the power, the greater is the necessity for application
    of judicial mind.” (emphasis supplied)

    50. The Court while reiterating the principle enunciated in
    Mohanlal Shamji Soni v. Union of India, 1991 Supp (1) SCC
    271: 1991 SCC (Cri) 595 stressed upon the wide ambit of
    Section 311 which allows the power to be exercised at any
    stage and held that : (Zahira Habibulla H. Sheikh v. State of

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    2026:HHC:6749

    Gujarat, (2004) 4 SCC 158: 2004 SCC (Cri) 999], SCC p. 189,
    para 44)
    “44. The power of the court under Section 165 of the

    .

    Evidence Act is, in a way, complementary to its

    power under Section 311 of the Code. The section
    consists of two parts, i.e., (i) giving a discretion to
    the court to examine the witness at any stage, and

    (ii) the mandatory portion which compels the court
    to examine a witness if his evidence appears to be
    essential to the just decision of the court. Though the

    of
    discretion given to the court is very wide, the very
    width requires a corresponding caution. In Mohanlal
    Shamji Soni v. Union of India
    , 1991 Supp (1) SCC 271:

    1991 SCC (Cri) 595 this Court has observed, while
    rt
    considering the scope and ambit of Section 311, that
    the very usage of the words such as, “any court”, “at

    any stage”, or “any enquiry or trial or other
    proceedings”, “any person” and “any such person”

    clearly spells out that the section has expressed in
    the widest-possible terms and do not limit the

    discretion of the court in any way. However, as noted
    above, the very width requires a corresponding
    caution that the discretionary powers should be

    invoked as the exigencies of justice require and
    exercised judicially with circumspection and

    consistently with the provisions of the Code. The
    second part of the section does not allow any discretion

    but obligates and binds the court to take necessary steps
    if the fresh evidence to be obtained is essential to the just
    decision of the case, “essential” to an active and alert
    mind and not to one which is bent to abandon or
    abdicate. The object of the section is to enable the court
    to arrive at the truth irrespective of the fact that the
    prosecution or the defence has failed to produce some
    evidence which is necessary for a just and proper
    disposal of the case. The power is exercised, and the
    evidence is examined, neither to help the
    prosecution nor the defence, if the court feels that

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    there is a necessity to act in terms of Section 311, but
    only to subserve the cause of justice and public
    interest. It is done with an object of getting the

    .

    evidence in aid of a just decision and to uphold the

    truth.” (emphasis supplied)

    51. While reiterating the decisions of this Court in Karnel
    Singh v. State of M.P.
    , (1995) 5 SCC 518: 1995 SCC (Cri) 977,

    Paras Yadav v. State of Bihar, (1999) 2 SCC 126: 1999 SCC
    (Cri) 104, Ram Bihari Yadav v. State of Bihar, (1998) 4 SCC
    517: 1998 SCC (Cri) 1085 and Amar Singh v. Balwinder Singh,

    of
    (2003) 2 SCC 518: 2003 SCC (Cri) 641 this Court held that the
    court may interfere even at the stage of appeal : (Zahira
    Habibulla H. Sheikh v. State of Gujarat
    , (2004) 4 SCC 158:

    2004 SCC (Cri) 999], SCC p. 196, para 64)
    rt
    “64. It is no doubt true that the accused persons have
    been acquitted by the trial court and the acquittal has

    been upheld, but if the acquittal is unmerited and
    based on tainted evidence, tailored investigation,
    unprincipled prosecutor and perfunctory trial and

    evidence of threatened/terrorised witnesses, it is no
    acquittal in the eye of the law and no sanctity or
    credibility can be attached and given to the so-called

    findings. It seems to be nothing but a travesty of
    truth, fraud on the legal process and the resultant

    decisions of courts — coram non judis and non est.
    There is, therefore, every justification to call for
    interference in these appeals.”

    14. A similar view was taken in K.P. Tamilmaran Vs. State

    and others 2025 INSC 576 wherein it was observed: –

    47. Before moving further, we consider it necessary to deal
    with the law relating to section 311 CrPC under which PW-
    49 was summoned as a witness. Section 311 CrPC reads as
    follows:

    “311. Power to summon a material witness or examine
    a person present.– Any Court may, at any stage of any

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    2026:HHC:6749

    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.”

    This Section 311 of the CrPC provides wide powers to a
    Criminal Court, to do the following:

    of
    I. Summon any person as a witness, or
    ii. Examine any person present in court, though not
    rtsummoned as a witness, or
    iii. Recall and re-examine any person already examined.

    The above powers can be exercised ‘at any stage of any
    inquiry, trial or other proceeding’ under the CrPC. The
    provision can be divided into two parts. The word ‘may’ is
    used in the first part of the section, which grants the Court

    the discretion to summon a witness. In contrast, the
    second part of the Section uses the word ‘shall’, which
    casts a duty on the Court to summon and examine or recall

    or re-examine any such person as a witness when it
    appears to the Court that it is essential to do so for a just

    decision in the case. In other words, the second part is
    mandatory, and Courts are obligated to exercise their
    powers under Section 311 CrPC when the evidence of any

    person is essential for a just decision of the case. (See:
    Jamatraj Kewalji Govani v. State of Maharashtra, 1967 SCC
    OnLine SC 19)

    48. As is clear from the language of the provision itself,
    there is a wide discretion with the Courts under Section 311
    CrPC. These powers can be exercised suo motu or on an
    application moved by either side. After all, the object is that
    the Court must not be deprived of the benefit of any
    valuable evidence. It is absolutely necessary that the Court
    must be apprised of the best evidence available. Thus,
    Courts have been given wide powers to decide on their own

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    2026:HHC:6749

    if a witness is required to be called or recalled for
    examination or re-examination. This power under Section
    311
    CrPC can be invoked at any stage of the trial, even after

    .

    the closing of the evidence. Section 311 CrPC can also be

    read along with Section 165 of the Evidence Act, as the
    powers of the Court under Section 165 of the Evidence Act
    are complementary to Section 311 of CrPC. As discussed

    above, powers under Section 311 CrPC can either be
    exercised on an application moved by either side to the
    case or suo moto by the Court. In case a person is not listed

    of
    as a witness in the charge-sheet but later the prosecution
    desires to bring that person as an additional prosecution
    witness, then the prosecution can move an application to
    bring this person as a prosecution witness. It is then for the
    rt
    Court to decide whether such a person is required as a
    witness or not. If the Court finds that such a person should

    have been examined as a prosecution witness and he/she
    was omitted from the list of witnesses due to some
    oversight, mistake or for any other reason, the Court may
    allow the application and such a person can be examined as

    a prosecution witness. Thereafter, the normal course of
    examination-in-chief, cross-examination, etc., would
    follow as per the procedure. On the other hand, when the

    Court calls a person as a Court witness, there are some
    restrictions regarding the cross-examination of such a

    witness.

    15. The reply filed before the learned Trial Court

    mentioned that the accused had denied that he was a dealer of

    M/s Sonalika International, or that he had opened an account at

    State Bank of Patiala, Ghumarwin. The complaint was filed before

    the learned Trial Court on the premise that the accused was a

    dealer of M/s Sonalika International. He had taken a loan and

    issued a cheque drawn on the State Bank of Patiala, Ghumarwin,

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    to discharge his legal liability. Therefore, the Court was required

    to determine whether the accused had an account with the State

    .

    Bank of Patiala, Ghumarwin, and whether he had issued a cheque

    as a dealer of Sonalika tractors. Therefore, the documents sought

    to be proved on record were relevant, and the learned Trial Court

    had rightly allowed the application.

    of

    16. In Swapan Kumar Chatterjee (supra), the Hon’ble
    rt
    Supreme Court held that when the evidence was closed long back,

    the exercise of discretion under Section 311 Cr.P.C. was not

    justified. In the present case, the statement of the accused was

    recorded on 02.09.2024. The matter was listed for defence

    witnesses; therefore, it cannot be said that evidence had been

    closed long ago. Further, the applicant was not a party in the

    police challan, and it could have no knowledge of the material

    collected by the parties; hence, the application could not have

    been dismissed on the ground of delay, and the cited judgment

    does not apply to the present case.

    17. In view of the above, there is no infirmity in the order

    passed by the learned Trial Court. Hence, the present application

    fails and is hereby dismissed.

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    2026:HHC:6749

    18. The observations made hereinabove are regarding the

    disposal of this petition and will have no bearing, whatsoever, on

    .

    the case’s merits.

    (Rakesh Kainthla)

    Judge
    12th March, 2026
    (Nikita)

    of
    rt

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