Section 311 CrPC requires necessary evidence for a just decision, not delay or irrelevant material in cheque dishonour cases.

Section 311 of the Code of Criminal Procedure permits summoning a witness only when the evidence is necessary for a just decision. In this cheque dishonour matter, the proposed Assistant Commissioner of Commercial Tax was not shown to be essential, because the relevant returns were already on record, the cheque transaction and issuance were undisputed, and the application did not demonstrate how the testimony would establish the defence or the issue of legally enforceable liability. The timing of the request, when the case was listed for arguments, also suggested delay rather than necessity. The refusal to summon the witness was therefore sustained.

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Issues: Whether the application under Section 311 of the Code of Criminal Procedure, 1973 to summon the Assistant Commissioner of Commercial Tax was liable to be allowed in the cheque dishonour proceedings.

Analysis: The request to summon the witness was founded on the plea that he could explain the procedure for filing returns and point out deficiency, mistakes or false filing in the complainant's business records. The application did not specifically state that the proposed evidence was necessary to substantiate the defence, and the returns for the relevant period had already been placed on record. The cheque transaction and the issuance of the cheque were not disputed, and the proposed witness was not shown to be essential for deciding the issue of legally enforceable liability. The application also appeared to be made at the stage when the matter was listed for arguments, indicating an attempt to delay the proceedings rather than to secure necessary evidence.

Conclusion: The request for summoning the Assistant Commissioner of Commercial Tax was rightly rejected and the petition seeking interference failed.

Final Conclusion: The order refusing to summon the witness was sustained, and the challenge to that order was dismissed.

Ratio Decidendi: A witness may be summoned under Section 311 of the Code of Criminal Procedure, 1973 only when the evidence appears necessary for a just decision, and the provision cannot be used to introduce irrelevant material or to prolong the trial.

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