Recall of witness under Section 311 CrPC refused where additional documents were meant to fill lacunae in a cheque dishonour prosecution.

Recall of a witness under Section 311 CrPC is permitted only when the proposed evidence is essential for a just decision and not when it is sought to fill gaps in the complainant's case. In a prosecution under Section 138 of the Negotiable Instruments Act, the court found that the additional documents did not adequately connect the alleged transaction with the business concern reflected in those documents, and no satisfactory explanation was given for non-production of originals or for their necessity at that stage. The refusal to recall and re-examine the complainant was therefore upheld.

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Issues: Whether the application to recall and re-examine the complainant under Section 311 of the Code of Criminal Procedure, 1973 for marking additional documents in a prosecution under Section 138 of the Negotiable Instruments Act, 1881 was liable to be allowed.

Analysis: The request to recall the witness was assessed against the settled scope of Section 311, which permits recall only when the evidence sought to be adduced is essential for a just decision of the case. The Court noted that the documents sought to be introduced did not sufficiently connect the alleged transaction in the complaint with the business concern reflected in those documents, and the application did not satisfactorily explain why the originals were not produced or why the documents were necessary at that stage. On the record, the proposed exercise was found to be an attempt to fill up gaps in the complainant's case rather than to place genuinely necessary evidence before the court.

Conclusion: The application for recall and re-examination was rightly rejected, and the refusal to permit marking of the additional documents was upheld.

Final Conclusion: The challenge to the trial court's order failed, and the proceeding was dismissed, leaving the refusal to recall the witness undisturbed.

Ratio Decidendi: Recall of a witness under Section 311 of the Code of Criminal Procedure, 1973 is permissible only when the proposed evidence is shown to be essential for a just decision and not when it is sought merely to fill lacunae or introduce documents lacking demonstrated relevance to the pleaded transaction.

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