Witness recall under Section 311 CrPC may be refused when it is used to delay trial or abuse process in cheque dishonour cases.

Section 311 CrPC gives the court wide discretion to recall a witness for cross-examination, but that power must be used sparingly and only to serve the ends of justice. In a cheque dishonour prosecution, recall may be refused where the application appears bona fide neither necessary for justice nor aimed at fair adjudication, but instead is used to prolong the trial or abuse process. Repeated adjournments, failure to use earlier opportunities, attempts to avoid coercive steps, and non-compliance with undertakings can justify rejection of recall. The discussed application was therefore held to be rightly rejected.

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Issues: Whether the accused was entitled to recall the complainant for cross-examination under Section 311 of the Code of Criminal Procedure, 1973 in a cheque dishonour prosecution.

Analysis: The application was examined against the backdrop of the accused's repeated adjournments, failure to avail opportunities for cross-examination, conduct in delaying the trial, repeated attempts to avoid coercive process by citing settlement, and non-compliance with undertakings recorded before the court. The provision under Section 311 of the Code of Criminal Procedure, 1973 confers wide discretion, but it is to be exercised sparingly and only to meet the ends of justice. Where the application is found to be a device to prolong proceedings or to abuse the process of law, recall cannot be permitted. On the record, the request for recall was not viewed as bona fide and the earlier order refusing recall was found to be justified.

Conclusion: The application under Section 311 of the Code of Criminal Procedure, 1973 was rightly rejected and the relief was declined against the accused.

Ratio Decidendi: A witness recall application under Section 311 of the Code of Criminal Procedure, 1973 may be refused where the court finds that it is not necessary for justice and is instead an abuse of process intended to delay the proceedings.

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