Section 311 recall in cheque dishonour proceedings refused where existing defence evidence could rebut the statutory presumption.

In proceedings under Section 138 of the Negotiable Instruments Act, 1881, the High Court declined to invoke Section 311 CrPC to re-summon the complainant for re-examination. The Court noted that the accused had already disclosed the defence in his Section 313 CrPC statement and had examined defence witnesses, and held that the existing defence evidence was sufficient to address the complainant's evidence and rebut the presumption under Section 139. In view of the stage of the case and the material already on record, no sufficient ground was made out for recall of the complainant, and the request was rejected.

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Issues: Whether the complainant could be re-summoned for re-examination under Section 311 of the Code of Criminal Procedure, 1973 in proceedings under Section 138 of the Negotiable Instruments Act, 1881.

Analysis: The accused had already disclosed his defence in the statement under Section 313 of the Code of Criminal Procedure, 1973 and had examined defence witnesses. The Court found that the purpose for recalling the complainant could be met through the defence evidence already available and that the presumption under Section 139 of the Negotiable Instruments Act, 1881 could be rebutted by such evidence. In view of the stage of the case and the defence already on record, no sufficient ground was made out to invoke Section 311.

Conclusion: The application for re-summoning the complainant was rejected.

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