High Court upholds Trial Court decision on recalling witnesses in Section 138 case, clarifies trial procedure guidelines

The High Court upheld the Trial Court's decision to reject the petitioner's request for recalling witnesses for cross-examination in a case under Section 138 of the Negotiable Instruments Act. The High Court clarified that the guidelines for a summary trial procedure were not to be applied retrospectively to ongoing cases. It emphasized that evidence given pre-summoning could be considered post-summoning without recalling witnesses unless necessary. The High Court deemed the guidelines from a previous case as prospective and affirmed the Trial Court's decision, dismissing the petition and application.

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Issues:
Petitioner's request for recalling witnesses for cross-examination under Section 145(2) NI Act based on guidelines from a previous case. Interpretation of guidelines for summary trial procedure under Section 138 NI Act. Application of guidelines retrospectively to ongoing cases.

Analysis:
The petitioner filed three complaint cases under Section 138 of the Negotiable Instruments Act in 2001. After evidence was submitted, the Metropolitan Magistrate issued summons. Subsequently, the High Court laid down guidelines for a summary trial procedure in a different case, emphasizing quick disposal of complaints under Section 138 NI Act. The guidelines included steps for scrutiny of complaints, taking cognizance, cross-examination of witnesses, and passing orders. The petitioner's counsel argued that witnesses should be recalled for cross-examination only after an application under Section 145(2) NI Act was filed by the respondent disclosing the defense.

The Trial Court, however, rejected the petitioner's request based on the guidelines from the previous case. The Trial Court stated that the guidelines did not mandate switching to a new procedure for ongoing cases and that the order for cross-examination had already been given earlier. The High Court noted that the purpose of a summary trial under Section 138 NI Act was different from regular summons trials under IPC offenses. The High Court clarified that once evidence was given by way of affidavit pre-summoning, it could be considered post-summoning without recalling witnesses unless deemed necessary by the Court.

The High Court emphasized that the guidelines from the previous case were prospective and not meant to invalidate ongoing cross-examinations. Ultimately, the High Court found no issue with the Trial Court's decision and dismissed the petition and application. The Trial Court record was ordered to be sent back promptly.

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