Application by complainant of sec.311 in the n.i.act

Vinod Kumar Gupta (Querist) 02 October 2021 This query is : Resolved
when evidence of complainant and accused have completed and file is about to move for final arguments at this stage complainant puts an applicationof sec.311 of cr.p.c. to call bank manager for evidence to prove the dishonour of cheque. Please quate latest decisions of high courts to disallow such application at this belated stage

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This discussion addresses the late application of Section 311 of the Criminal Procedure Code (CrPC) to call a bank manager as evidence in cheque dishonour cases under the Negotiable Instruments (NI) Act. It argues that such applications are often inappropriate at the final argument stage, particularly when the dishonour of a cheque should be proven by bank slips or memos, not oral evidence. The content highlights that relying on oral testimony to prove documentary evidence is generally not permissible and questions the necessity of recalling a bank manager when the cheque and return memo have already been exhibited and considered.

K Rajasekharan (Expert) 02 October 2021
Under Section 146 of the N I Act, the prima facie proving of the dishonour of cheque will have to be done by presenting bank’s slip or memo with necessary official marks.

When the law itself specifically states such a thing it cannot be proved by the oral evidence of the Bank Manager. As per evidence act, the court cannot rely on oral evidence to prove the contents of any document.

When the complainant has to prove dishonour based on documents signed by the bank, he cannot use a substitute mechanism for proving it by bringing the Bank Officer to the court.

Dr J C Vashista (Expert) 03 October 2021
Before summoning the accused , memo issued by the banker of complainant, has already been exhibited and considered by the Magistrate, which has further been considered by accused in cross-examination of complainant, where is the requirement of recalling banker to prove the memo of return of subject dishonoured cheque ?

Advocate Bhartesh goyal (Expert) 03 October 2021
Yes, cheque and return memo has already been proved now no requirement to call bank manager.

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