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2021 (12) TMI 731 - DELHI HIGH COURTDishonor of Cheque - Agreement to sell - Collaboration agreements - power to summon Section 138 read with Section 142 of the NI Act - HELD THAT:- In the present case, the entire premise of filing of the Criminal Complaints was that the petitioner had paid the amounts of ₹ 30 lacs and ₹ 20 lacs as advance payment for purchase of the aforementioned two properties. On a perusal of the Criminal Complaints, it is noted that the petitioner has averred that amounts of ₹ 30 lacs and ₹ 20 lacs were paid against Receipts. It is also his case that the advance payments were made towards purchase of the aforesaid properties. Besides, in his cross-examination conducted on 18.12.2018, the petitioner had deposed that he was in possession of the original Bayana Receipt, Agreement to Sell and the Collaboration Agreements executed between the erstwhile owners of the properties and the respondent. In this backdrop, the applications under Section 311 Cr.P.C. were filed on 22.07.2019, which came to be dismissed vide the impugned order on 08.08.2019. Further, considering that the factum of execution of the aforesaid Receipts was mentioned in the Criminal Complaints, while other documents were mentioned at the time of the cross-examination in as early as 2018, the petitioner’s applications under Section 311 Cr.P.C. for his re-examination and placing on record of the aforesaid documents cannot be said to constitute ‘filling up of lacuna’ in the case. Both the petitions are allowed, subject to payment of composite cost of ₹ 10,000/- to be deposited by the petitioner with the Delhi State Legal Services Authority within two weeks from the date of passing of this order.
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