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TMI Blog2021 (12) TMI 731X X X X Extracts X X X X X X X X Extracts X X X X ..... al placed on record, are that the aforesaid Criminal Complaints came to be filed by the petitioner in the year 2017 under Section 138 read with Section 142 of the NI Act. In the said complaints, it was stated that the petitioner, who was a retired person, was looking for investment opportunities in property for rental/return income. In the last week of August, 2014, the respondent, claiming to be a big builder, approached the petitioner for selling his two properties i.e., i) property bearing built up entire second floor without roof rights a part of free hold property no. 8/39, land area measuring 100 sq. yards, situated at Subhash Nagar, Delhi, and ii) property bearing built up entire third floor with roof rights a part of property no. 1/75, land area measuring 100 sq. yards, situated at Subhash Nagar, Delhi along with common stair case, common passage, with proportionate rights of land underneath (hereinafter referred to as 'the properties'). It was alleged that while a consideration of Rs. 80 lacs was agreed upon in respect of the first property, an amount of Rs. 50 lacs was agreed upon for the second. Out of the sale consideration amounts of Rs. 80 lacs and Rs. 50 lacs, Rs. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the respondent, and the respondent's Collaboration Agreements with the owners, but the same were inadvertently not produced. 5. Per contra, Mr. Atul Bandhu, learned counsel for the respondent, has opposed the prayers made in the petitions. He submits that the respondent has taken a stand that the cheque in question was stolen by the petitioner for which a complaint has been filed, and at no point of time any Bayana Receipt or Agreement to Sell was ever executed by the respondent in the petitioner's favor. It is also submitted that the petitioner had various opportunities to place the aforesaid documents on record however, the said documents were neither filed along with the complaint nor produced at the time of his examination. It is further submitted that the applications under Section 311 Cr.P.C. have been preferred at the fag end of the trial, as the matter is at the stage of final arguments. Lastly, it is submitted that by way of filing applications under Section 311 Cr.P.C., the petitioner is trying to fill up the lacuna in the case, which cannot be permitted. 6. In support of his contentions, learned counsel for the respondent has placed reliance on Kriplex Chits Pvt. Ltd. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2013) 5 SCC 741, while referring to its earlier decisions in Mir Mohd. Omar and Others v. State of West Bengal reported as (1989) 4 SCC 436, Mohanlal Shamji Soni v. Union of India and Another reported as 1991 Supp (1) SCC 271, Rajeswar Prasad Misra v. State of West Bengal and Another reported as 1966 (1) SCR 178, Rajendra Prasad v. Narcotic Cell through its Officer in Charge, Delhi reported as (1999) 6 SCC 110, P. Sanjeeva Rao (Supra), T. Nagappa v. Y.R. Muralidhar reported as (2008) 5 SCC 633, the Supreme Court has held as under:- "8. Section 311 CrPC empowers the court to summon a material witness, or to examine a person present at "any stage" of "any enquiry", or "trial", or "any other proceedings" under CrPC, or to summon any person as a witness, or to recall and re-examine any person who has already been examined if his evidence appears to it, to be essential to the arrival of a just decision of the case. Undoubtedly, CrPC has conferred a very wide discretionary power upon the court in this respect, but such a discretion is to be exercised judiciously and not arbitrarily. The power of the court in this context is very wide, and in exercise of the same, it may summon any pers ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... airness is not hampered or threatened in any manner. Fair trial entails the interests of the accused, the victim and of the society, and therefore, fair trial includes the grant of fair and proper opportunities to the person concerned, and the same must be ensured as this is a constitutional, as well as a human right. Thus, under no circumstances can a person's right to fair trial be jeopardised. Adducing evidence in support of the defence is a valuable right. Denial of such right would amount to the denial of a fair trial. Thus, it is essential that the rules of procedure that have been designed to ensure justice are scrupulously followed, and the court must be zealous in ensuring that there is no breach of the same." 11. In the present case, the entire premise of filing of the Criminal Complaints was that the petitioner had paid the amounts of Rs. 30 lacs and Rs. 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 Rs. 30 lacs and Rs. 20 lacs were paid against Receipts. It is also his case that the advance payments were made towards purchase of the af ..... X X X X Extracts X X X X X X X X Extracts X X X X
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