Calling a witness u/s 311-crpc in cheque bounce case

Ram (Querist) 05 November 2020 This query is : Resolved
Dear Respected Experts,
Case History in Brief:
Anitha given a CheQue to house owner Kannan for house rental advance. The cheque was Anitha’s mother bank account. House owner Kannan withdrew the amount. After two years Anitha vacated Kanan’s house. Kannan told Anitha that he given the Amount to his Brother Krishnan because both Kannan & Krishnan partitioned their property. Now the property belongs to Krishnan. Krishnan also ensured Anitha that he will give the amount in 3 month’s time. After 3 months Krishnan given a Cheque to Anitha. When Anitha deposited Krishnan’s cheque, it bounced back due to “insufficient fund”. Now the petitioner is Anitha.
Anitha filed a Complaint u/s Negotiable Instrument Act 138 for Cheque bounce Case.

My Question:
1. Can Complainant-Anitha call Kannan as witness u/s 311 CrPc in cheque bounce case?
2. Can Complainant-Anitha Call her mother as witness u/s 311 CrPc to prove that her mother given the Cheque
to her daughter Anitha for rental Advance?

Thanks in Advance

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Quick Summary

This discussion explores whether a complainant in a cheque bounce case (Section 138 NI Act) can call specific witnesses under Section 311 of the Criminal Procedure Code. The scenario involves a cheque issued by Krishnan that bounced due to insufficient funds, with Krishnan having previously received the money from his brother, Kannan. Experts generally agree that the complainant's mother can be called as a witness to support the case. However, calling Kannan as a witness is considered doubtful, as he is Krishnan's brother and might not provide favourable testimony, although he could potentially be named in the witness list.

Isaac Gabriel (Expert) 05 November 2020
Insufficient information.The date and details of the cheque and other details of date of bouncing,legal notice etc. not given. Neverthless you can adduce evidences to prove your case in court.

SHIRISH PAWAR, 7738990900 (Expert) 05 November 2020
Hello,

You can examine any person who can support your complaint. You can file a list of witnesses at the time of filing of the case or furnish a list of witnesses at the time of evidence. Your mother will support your case however I doubt Kannan will support your case.

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Rajendra K Goyal (Expert) 05 November 2020
Complainant can call her mother for witness.

It is doubtful that the witness of Kannan would be helpful in the case as he is brother of Krishnan.

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H. S. Thukral (Expert) 05 November 2020
You could have impleaded Kannan as well in the complaint. Nevertheless you can name him as witness in the list of witnesses . Your question is answered in yes .

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Ram (Querist) 05 November 2020
Thank you EXPERTS for your kind advices.