TaxTMI 
TaxTMI 
2022 (2) TMI 244
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....der, revision petition has been filed by the petitioner before Additional Sessions Judge (Special Judge of Special Court for trial of CBI) bearing Criminal Revision No. 599/2019 which was rejected on 04.11.2019 by Revisional Court. 2. Brief facts of the case are that complainant/respondent No. 2 filed a complaint against petitioner before Judicial Magistrate First Class under Section 138 of Negotiable Instruments Act. On 25.03.2013, respondent No. 2/ claimant gave Rs. 2,50,000/- on credit to the petitioner and in discharge of that liability, petitioner had given a self-signed cheque bearing No. 031793 dated 02.04.2013 of Bank of India. When respondent/complainant submitted the said cheque at the bank for encashment, the same got dishonoure....
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....llah Sheikh & Another Vs. State of Gujarat & Others reported in AIR 2006 SCW 1340 and State of Haryana Vs. Ram Mehar & Others reported in AIR 2016 SC 3942. 5. Learned counsel for the State/respondent No.1 supported the impugned order. 6. No one appears on behalf of respondent No.2 though notice has been served. 7. Heard counsel for the parties and perused the material available on record including the impugned order. 8. Hon'ble Apex Court in the case of Zahira Habibullah Sheikh & Another Vs. State of Gujarat & Others reported in AIR 2006 SCW 1340 has held in paras 24, 25 & 26 as under:- "24. In this context, reference may be made to Section 311 of the Code which reads as follows: "311. Power to summon material witness, or examin....
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.... but also the plain duty of a Court to examine such of those witnesses as it considers absolutely necessary for doing justice between the State and the subject. There is a duty cast upon the Court to arrive at the truth by all lawful means and one of such means is the examination of witnesses of its own accord when for certain obvious reasons either party is not prepared to call witnesses who are known to be in a position to speak important relevant facts. 25. The object underlying Section 311 of the Code is that there may not be failure of justice on account of mistake of either party in bringing the valuable evidence on record or leaving ambiguity in the statements of the witnesses examined from either side. The determinative factor is ....
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....rosecution or the defence to examine any particular witness or witnesses on their side. This must be left to the parties. But in weighing the evidence, the Court can take note of the fact that the best available evidence has not been given, and can draw an adverse inference. The Court will often have to depend on intercepted allegations made by the parties, or on inconclusive inference from facts elicited in the evidence. In such cases, the Court has to act under the second part of the section. Sometimes the examination of witnesses as directed by the Court may result in what is thought to be "filling of loopholes". That is purely a subsidiary factor and cannot be taken into account. Whether the new evidence is essential or not must of cour....