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The HC dismissed the Criminal Petitions challenging the dishonour of cheque proceedings, rejecting the application filed under Section 311 Cr.P.C. for summoning an additional witness from the postal department to prove service of the legal notice. The court held that the application, made after final arguments, was an attempt to fill evidentiary gaps identified during the respondent's submissions. While procedural rules should not impede substantive justice, they cannot be exploited to prejudice a party. The complainant, having relied on the respondent's admissions regarding service and failed to produce the tracking report or certificate initially, could not repeatedly seek to amend evidence post-argument. The court affirmed its discretion to deny the belated application, concluding the petitions lacked merit and were accordingly dismissed and disposed of.
The HC dismissed the Criminal Petitions challenging the dishonour of cheque proceedings, rejecting the application filed under Section 311 Cr.P.C. for summoning an additional witness from the postal department to prove service of the legal notice. The court held that the application, made after final arguments, was an attempt to fill evidentiary gaps identified during the respondent's submissions. While procedural rules should not impede substantive justice, they cannot be exploited to prejudice a party. The complainant, having relied on the respondent's admissions regarding service and failed to produce the tracking report or certificate initially, could not repeatedly seek to amend evidence post-argument. The court affirmed its discretion to deny the belated application, concluding the petitions lacked merit and were accordingly dismissed and disposed of.
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