Case Note & Summary
The petitioner, original complainant in a complaint under Section 138 of the Negotiable Instruments Act, 1881, challenged the judgment of the Additional Sessions Judge, Latur, dated 05-09-2019 in Criminal Revision No.38 of 2019. The revisional court had reversed the order dated 26-06-2019 passed by the 6th Joint Judicial Magistrate First Class, Latur, on Exhibit 55 in S.T.C.No.363 of 2017, which allowed the recall of a witness for cross-examination. The factual matrix reveals that the petitioner filed the complaint under Section 138 of the Negotiable Instruments Act. During trial, the complainant sought to recall a witness under Section 311 of the Code of Criminal Procedure, 1973, which the magistrate allowed. The respondent/accused challenged this order in revision, and the revisional court set it aside. The High Court, in the present writ petition, examined whether the revisional court was justified in interfering with the magistrate's discretion. The court noted that the magistrate had exercised discretion judiciously and the revisional court exceeded its jurisdiction by substituting its own view without finding any perversity or illegality. Consequently, the High Court allowed the petition, set aside the revisional order, and restored the magistrate's order allowing recall of the witness.
Headnote
A) Criminal Procedure Code - Section 311 - Recall of Witness - Discretion of Trial Court - The revisional court interfered with the magistrate's order allowing recall of a witness for cross-examination, holding that the magistrate had exercised discretion judiciously. The High Court set aside the revisional order, restoring the magistrate's order, as the revisional court exceeded its jurisdiction by substituting its own view without finding perversity or illegality. (Paras 1-3)
Issue of Consideration
Whether the revisional court was justified in reversing the magistrate's order allowing recall of a witness under Section 311 CrPC in a complaint under Section 138 of the Negotiable Instruments Act, 1881.
Final Decision
The High Court allowed the petition, set aside the judgment and order of the Additional Sessions Judge, Latur dated 05-09-2019 in Criminal Revision No.38 of 2019, and restored the order dated 26-06-2019 passed by the 6th Joint Judicial Magistrate First Class, Latur on Exhibit 55 in S.T.C.No.363 of 2017.
Law Points
- Section 138 of Negotiable Instruments Act
- 1881
- Section 311 of Code of Criminal Procedure
- 1973
- Revisional jurisdiction
- Recall of witness
- Discretion of trial court
