LEENA NIRMAL CHHADWA Vs. RUPA UTKAL GADA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith by consent of the parties.

(2.) This petition under Article 227 of the Constitution of India arises out of a complaint filed under sec. 138 of the Negotiable Instruments Act, 1881. The complaint was filed through a Power of Attorney ("PoA", for short). During the hearing of the complaint, the accused conducted cross-examination of the PoA. On 20/10/2021 the complainant filed an application for recalling complainant's witness no.1 under sec. 311 of the Criminal Procedure Code. The learned Magistrate rejected the said application by order dtd. 23/3/2022. While rejecting the said application, the learned Magistrate observed that if the complainant was to produce same PoA which was produced earlier, then recalling of such witness could have been permitted, but since the complainant is not willing to produce the same document, the complainant is trying to substitute documentary evidence at the time of final arguments. The application under sec. 311 of the Criminal Procedure Code was, therefore, rejected.

(3.) Relying on the observations above, the complainant filed second application for recalling of PW1 to place on record the original PoA dtd. 22/10/2010. The said application has been allowed by the learned Magistrate by the impugned order dtd. 20/5/2022 holding that the said PoA is necessary for just decision of the case.