The single judge bench of the Jharkhand High Court held that even if there is no specific provision in Section 311 of Cr.P.C. regarding adducing the documentary evidence, reading Section 91 and 311 of Cr.P.C. simultaneously to ensure a fair trial, the documentary evidence may also be adduced even after the conclusion of the evidence so as to give the just decision of the case.
Brief facts
The factual matrix of the case is that the Petitioner (Complainant) had filed the complaint against the accused for the dishonour of the cheque. In the case of the complainant, the evidence was completed, and also, the statement under Section 313 of Cr.P.C was recorded. Furthermore, the accused deposed in the defense evidence that the marriage of his sister was cancelled and he apprised the complainant and demanded the said cheque from him, and the complainant told him that the same cheque was kept in his Office. In the meantime, the marriage of his sister was decided to be solemnized on 06.12.2015. The said cheque was never returned despite repeated demands. In order to rebut the same, the application was moved by the complainant to adduce a copy of the FIR. However, the trial court rejected the application and the present criminal revision is filed by the Petitioner/Complainant.
Contentions of the Petitioner
The Petitioner contended that the learned court below made a mistake when it determined that the application was not maintainable, following the conclusion of the complainant's evidence, the recording of the accused's statement under Section 313 of the Cr.P.C., the conclusion of the evidence of defense, and the impugned order from the learned court below, which stated that the complainant could not be allowed to refute the evidence presented by the accused in defense by filing an application under Section 311 of the Cr.P.C. in order to adduce documentary evidence.
Contentions of the Respondent
The Respondent contended that in accordance with Section 311 of Cr.P.C. only the witnesses can be examined, re-examined, or cross-examined and there is no provision in regard to adduce any documentary evidence.
Observations of the Court
The Hon’ble Court observed that a fair trial is guaranteed under Section 311 of the Cr.P.C., which is also a fundamental component of Article 21 of the Constitution of India. In order to ensure a fair trial, even though Section 311 of the Cr.P.C. does not specifically address the adducing of the documentary evidence, it is still permissible to do so in order to provide a just conclusion to the case by reading Sections 91 and 311 of the Cr.P.C. simultaneously.
The court relied upon the judgment titled Varsha Garg vrs. State of Madhya Pradesh.
Based on these considerations, the court was of the view that the decision passed by the learned trial court requires interference.
The decision of the court
With the above direction, the court allowed the criminal revision.
Case title: Binod Kumar Mishra Vs The State of Jharkhand
Coram: Hon’ble Mr. Justice Subhash Chand
Case No,: Cr. Rev. No. 980 of 2023
Advocate for the Petitioner: Mr. Abhishek Kumar, Advocate
Advocate for the OPP No.: Mr. Gaurav, Advocate
Advocate for the State: Mr. Sardhu Mahto, A.P.P.
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