Section 311 CrPC recall power applied to restore a limited opportunity for cross-examination in a cheque-bounce case.

Section 311 CrPC confers wide but cautious power to recall a witness at any stage when the evidence is essential for a just decision and to prevent failure of justice. In a complaint under Section 138 of the Negotiable Instruments Act, the Karnataka High Court noted that PW-2 had never been cross-examined, despite an earlier opportunity being granted on costs. The refusal to allow one further chance to cross-examine PW-2 was not sustained, and a limited opportunity was restored on costs, while any further recall under Section 311 was foreclosed.

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Issues: Whether the order refusing further opportunity to recall PW-2 for cross-examination under Section 311 of the Code of Criminal Procedure, 1973 was justified.

Analysis: The proceeding arose from a complaint under Section 138 of the Negotiable Instruments Act, 1881, and the accused had earlier been granted an opportunity to cross-examine PW-2 subject to costs. That opportunity was not availed, but the record showed that PW-2 had never been cross-examined at all. Section 311 of the Code of Criminal Procedure, 1973 confers wide power to recall a witness at any stage, and the controlling consideration is whether the evidence is essential to the just decision of the case. The power must be exercised judiciously and with caution, but it exists to prevent failure of justice and miscarriage of justice.

Conclusion: The refusal to permit cross-examination of PW-2 was not sustained, and one further opportunity to cross-examine PW-2 was warranted on costs.

Final Conclusion: The accused was restored to a limited opportunity to complete the cross-examination of PW-2, while further recall under Section 311 of the Code of Criminal Procedure, 1973 was foreclosed.

Ratio Decidendi: The power under Section 311 of the Code of Criminal Procedure, 1973 should be exercised to secure the ends of justice and prevent failure of justice where the witness's examination is essential to a just decision, even though the discretion must be used judiciously and with caution.

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