Cheque bounce calling of witness

(1) MOHANLAL SHAMJI SONI VS. UNION OF INDIA, reported in 32(2) G.L.R. 974.

(2) Rajendra Prasad vs The Narcotic Cell ; reported in AIR 1999 SC 2292 ( https://indiankanoon.org/doc/1219209/) 

(3) https://indiankanoon.org/doc/869727/

In Mohanlal Shamji Soni's Case,  it is held that the power of the Court to summon or call any witness or witnesses or recall a witness or witnesses already examined can be invoked at any stage as long as the Court is seisin of the criminal proceedings and that such jurisdiction must be dictated by exigency of the situation and such additional evidence can be permitted to be adduced only after giving a fair and reasonable opportunity to the accused to rebut the evidence that was brought against him.

In view thereof, It is therefore clear that the Criminal Court has ample power to summon any
person as a witness or recall and re-examined any such person even if the evidence on both sides is closed and furhermore if circumstances so warrant Court has power to permit examination of a person though he is not cited as a witness by the prosecution in the charge sheet or private complaint, but due opportunity must be given to the accused to rebut that evidence.

 Court has the power. That is material. At your bidding, will it agree. That is the million dollar question. It is subjective satisfaction.

mr. Ahmed said very well. i m agree with him.

S.311 CrPC is the apt section

It is the duty of the court to complay the section 254 of CrPC and ensure the presence of a bound overed  witness for further examination. If u hav a good defence case u may ask the court to issue warrant  against the witness. If the court denys urprayer it will favourable to u  in an appeal stage.

 It boils down to one thing i.e. go on spending time, money and energy in the hope of getting justice. There is no body to question the magistrate as to why he does not comply with the request. The maximum that will happen is that the HC will overturn his order.But, the big question is when? It may take any number of years before the case comes up before the HC. Then it will take another number of years for the order to reach the trial court. Then? It is a big then? But that is law and who has an alternative but to follow it?

 Quoting Dr. Tripathi:

In Allahabad High Court currently second appeals of 1977 and criminal appeals of 1981 are being listed for hearing. 

Dear Sir,

I had issued 3 cheques in 2007 of Rs.2500/- each with out writing the name and date on the cheques to facilitate the owner to deposit a cheque every month, when ever he is not able to collect the rental amount personally from me in cash.

While leaving his rental house, i asked to give back the unused cheque, which he told me that he has lost. I issued ‘STOP PAYMENT’ for all these 3 cheques after leaving his house. He has also not made any agreement with me inspite of repeated request (I stayed in house for 4 years) and did not give me back my deposit amount of Rs.40,000/-.

I was staying on rental house at santacruz and left the house in april, 2008 and shifted to kandivali. I had taken admission of son and daughter in april, 2008.

Now, on 25th September, 2008 he has deposited all the three cheques of Rs.2500/- each which got bounced.

Now he has filed case against me under negotiable instrument act.

Please guide, what to do and how to give justification in the court.

 Is reconciliation proceeding compulsory in cheque bouncing cases also?