The admissibility of additional documents and the allowance of such documents in civil suits and criminal proceedings.

JUDGMENT

Manmeet Pritam Singh Arora, J. (Oral):

CM APPL. 25678/2023 in CM (M) 821/2023(for exemption)

CM APPL. 25736/2023 in CM (M) 825/2023(for exemption)

CM APPL. 25769/2023 in CM (M) 826/2023(for exemption)

Allowed, subject to all just exceptions.

Accordingly, the present applications stand disposed of.

CM (M) 821/2023

CM (M) 825/2023

CM (M) 826/2023

1. These petitions filed under Article 227 of the Constitution of India impugn a common order dated 23.01.2023 passed by the Additional District Judge- 02, Shahdara, Karkardooma District Courts, Delhi (`Trial Court') whereby the Petitioner's applications filed under Order VII Rule 14(3) of the Civil Procedure Code, 1908 (`CPC') for placing on record additional documents have been dismissed by the Trial Court.

1.1. The Petitioners herein has instituted three (3) separate suits for the recovery of money and have similarly instituted three (3) complaints under Section 138 of Negotiable Instrument Act, 1881 (`N.I Act') against the Respondent No. 1, company and other Respondents.

1.2. For the sake of convenience, the facts set out for CM (M) 821/2023 are being referred to. The Petitioner herein is the original plaintiff and the Respondents are the original defendants in civil suit no. 39/2017 titled as M/S Kavitra Exports Pvt. Ltd. v. M/S Kaaya U.K. Ltd & Ors.,

2. The learned counsel for the Petitioner states that at the stage of leading plaintiff's evidence, before the first witness was cross-examined, the Petitioners filed the application on 25.11.2017 under Order VII Rule 14(3) of the CPC for placing on record additional documents, details whereof as filed in this petition, are as under:

2.1. He states that simultaneously applications were also filed in the criminal complaints filed under Section 137 of N.I Act for bringing the said documents on record in the criminal proceedings. He states that the delay in filing the said documents was condoned by a Coordinate Bench of this Court vide order dated 11.10.2022 passed in CrL. M.C. No. 2193/2022 titled as M/S Kavitra Exports Pvt Ltd. Through Director/AR Aman Bansal v. State NCT Of Delhi and Anr. which reads as under:

"1. Petition has been preferred on behalf of the petitioner under Section 482 Cr.P.C. for setting the aside of order dated 26.07.2021 passed by the learned MM, District East, Karkardooma Courts, Delhi in complaint case No. 58433/2016 titled M/s Kavitra Exports Pvt. Ltd. Vs. M/s Kaavya U.K. Ltd. whereby the application under Section 311 Cr.PC filed on behalf of the complainant/petitioner for filing of additional documents on record and examination of Gautam Lal Bansal to prove the documents was dismissed.

2. Learned counsel for the petitioner submits that only witness GautamLal Bansal is to be examined on behalf of the petitioner to prove on record the relevant documents, which have been filed along with the application under Section 311 Cr.PC.

3. At this stage, the application under Section 311 Cr.P.C. filed on behalfof the petitioner is not opposed by learned counsel for respondent No. 2. However, it is prayed that the learned Trial Court may be directed to conclude the proceedings in a time bound manner to avoid any further delay.

3. I am of the considered opinion that the power conferred under Section311 Cr.PC needs to be invoked by the Court in order to meet the ends of justice. Considering the facts and circumstances and in view of no objection of learned counsel for respondent No. 2, the order passed