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IN THE HIGH COURT OF DELHI AT NEW DELHI
NEENA BANSAL KRISHNA
Kailashpati Polyplast Pvt Ltd – Appellant
Versus
Raghav Industries – Respondent
| Table of Content |
|---|
| 1. filing of numerous complaints under n.i. act. (Para 3 , 4) |
| 2. evidence presentation and contradictions. (Para 5 , 6 , 7 , 8) |
| 3. approval and dismissal of applications under cr.p.c. (Para 9 , 10 , 11) |
| 4. errors in the trial court's dismissal decision. (Para 12 , 13 , 14) |
| 5. challenging orders and right to fair trial. (Para 15 , 16 , 17) |
| 6. role of procedural laws in criminal cases. (Para 18 , 19 , 20 , 21) |
| 7. section 65b of iea procedural importance. (Para 22 , 23 , 24) |
| 8. service of legal notice evidence. (Para 25 , 26) |
| 9. importance of requisite certificate in evidence. (Para 28 , 29 , 30) |
| 10. filing applications to correct evidential gaps. (Para 31 , 32 , 33) |
| 11. criteria for allowing applications under section 311 cr.p.c. (Para 34 , 35) |
| 12. dismissal of petitions due to lack of merit. (Para 36) |
JUDGMENT :
NEENA BANSAL KRISHNA, J.
CRL.M.A. 22288/2025 (Exemption) in CRL.M.C. 5145/2025
CRL.M.A. 22290/2025 (Exemption) in CRL.M.C. 5146/2025
1. Exemption allowed, subject to all just exceptions.
2. The Applications stand disposed of.
CRL.M.C. 5131/2025, CRL.M.A. 22197/2025 (stay)
CRL.M.C. 5145/2025, CRL.M.A.22289/2025 (stay)
CRL.M.C. 5146/2025, CRL.M.A.22291/2025 (stay)
CRL.M.C. 5173/202
Procedural laws facilitate justice but cannot remedy prior evidentiary omissions; applications under Section 311 Cr.P.C. must be judicious and cannot merely fill gaps post final arguments.
The discretionary power under Section 311 of the Cr.P.C. should be exercised judiciously and only for strong and valid reasons to prevent abuse of the process of law and ensure expeditious conclusion....
(1) Electronic evidence – Certificate under Section 65B of Evidence Act is not required if electronic record is used as a primary evidence – Non-production of Certificate under Section 65B of Evidenc....
The court emphasized the importance of exercising the power under Section 311 Cr.P.C. judiciously and ensuring that additional evidence is essential for a just decision.
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 absence of a Section 65-B certificate for electronic evidence is a curable defect and does not invalidate trial proceedings.
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