Back
DELHI HIGH COURT
SUDHIR KUMAR JAIN
Hindustan Coca-cola Beverages Private Limited – Appellant
Versus
Sanjeev Sachdeva – Respondent
| Table of Content |
|---|
| 1. filing of complaint under ni act. (Para 1 , 2) |
| 2. authority and delegation to file proceedings. (Para 3 , 4) |
| 3. dismissal of application to file supplementary affidavit. (Para 5) |
| 4. request to produce additional evidence dismissed. (Para 6) |
| 5. grounds for challenging impugned orders. (Para 7 , 8 , 9) |
| 6. court's evaluation of section 311 cr.p.c. (Para 10 , 11 , 12 , 13 , 14 , 15) |
| 7. liberty granted to file additional evidence. (Para 16) |
| 8. conclusion and disposal of petition. (Para 17) |
JUDGMENT
1. The present petition is filed under section 482 the Code of Criminal Procedure,1973 (hereinafter referred to as "Cr.P.C.") read with article 226 of Constitution of India seeking quashing of the orders dated 01.11.2018 and 21.01.2019 passed by Shri Atul Krishna Aggrawal, ACJ-cum-CCJ-cum-ARC, Patiala House Courts. New Delhi, in the Criminal Complaint bearing C.C. No. 1409 of 2017 filed under Section 138 of the Negotiable Instruments Act, 1881 and for Direction(s) etc.
2. The petitioner company/complainant filed a complaint under section 138 of Negotiable Instrument Act, 1881 against the respondent by alleging that the respondent in discharging of liability/debt issued seven ch
The court held that foundational documents essential for a just decision in a cheque dishonor case must be admitted, emphasizing the broad powers under Section 311 Cr.P.C.
The Court has the discretion to summon witnesses or recall and re-examine any person if their evidence appears to be essential to the just decision of the case, as per Section 311 Cr.P.C. This power ....
The court emphasized that Section 311 Cr.P.C. must be exercised judiciously, and applications to introduce evidence cannot be used to fill evidentiary gaps left by the prosecution.
The main legal point established in the judgment is the essentiality of evidence for a just decision, as provided under Section 311 of Cr.P.C.
The power under Section 311 CrPC is to be exercised judicially and not capriciously or arbitrarily, and only when the evidence sought to be obtained is essential to a just decision of the case.
Section 311 Cr.P.C. includes the power to admit relevant material not brought on record due to inadvertence and the duty of the criminal court is to allow the prosecution to correct errors in the int....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
