Filing additional doccuments in chief examination

VIJAY KANTHI (Querist) 29 August 2016 This query is : Resolved
I have filed a complaint U/Sec 138 of N.I.Act, now it is for hearing of Chief Examination, at the time of filing complaint it forgot to mention RPAD Details in list of the document but mentioned in contends, Now magistrate asked to file petition. Hence please advice me appropriate section un Cr.P.C.
I am thinking to file U/Sec 294 of Cr.P.C

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Ms.Usha Kapoor (Expert) 30 August 2016
Dear Client,

You file these additional documents under section 311 Cr.P.C which says at any stage of trial the court in order to secure ends of justice permit chief or cross examination of prosecution or defense to lead witness evidence and I'm of the opinion that it includes documentary evidence as well because in one Supreme court decision I just read postal receipt was allowed at the stage of witness examination as evidence because the court felt it was necessary to secure the ends of justice. Now let us see what section 311 Cr.P.C says:Section 311 Cr.P.C hS TO BE READ WITH SECTION 165 Indian evidence Act AS THESE TWO SECTIONS ARE COMPLEMENTARY TO EACH OTHER.
7. Section 311 Cr.P.C. empowers the Court to summon any material witness if his evidence appears to be essential for the just decision of the case. Section 311 Cr.P.C. is intended to arm the Judge with the most extensive power possible for the purpose of getting at the truth. Section 311 Cr.P.C. reads as under:-

"311. Power to summon material witness, or examine person present.- Any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or recall and re-examine any person already examined; and the Court shall summon and examine or recall and re- examine any such person if his evidence appears to it to be essential to the just decision of the case." Now let us see what section 165 of Indian Evidence Act says: Central Government Act
Section 165 in The Indian Evidence Act, 1872
165. Judge’s power to put questions or order production.—The Judge may, in order to discover or to obtain proper proof of relevant facts, ask any question he pleases, in any form, at any time, of any witness, or of the parties, about any fact relevant or irrelevant; and may order the production of any document or thing; and neither the parties nor their agents shall be entitled to make any objection to any such question or order, nor, without the leave of the Court, to cross-examine any witness upon any answer given in reply to any such question: Provided that the Judgment must be based upon facts declared by this Act to be relevant, and duly proved: Provided also that this section shall not authorize any Judge to compel any witness to answer any question, or to produce any document which such witness would be entitled to refuse to answer or produce under sections 121 to 131, both inclusive, if the questions were asked or the documents were called for by the adverse party; nor shall the Judge ask any question which it would be improper for any other person to ask under section 148 or 149; nor shall he dispense with primary evidence of any document, except in the cases hereinbefore excepted.

N.K.Assumi (Expert) 30 August 2016
Ms.Usha Kapoor, is absolutely right, regrading section 311 crPc and 165 of the EA, which is exercise by the judge for a just decisions of the case. But one thing is clear, in almost all the States judicial Service laws in the Country, which are given in the Appendix of the State Judicial service laws: as to how to conduct cases in the Court and in exercise of power under 311 and 165 as mentioned above.Just because the judge is invested with power, does not mean, it should be exercise whimsically or putting on weight of the judge to the parties in the litigation, rather it should be exercise for a just decision of the case and no other purposes.