This order allows the petitioner's petition under Section 311 CrPC to place invoices and payment proofs on record during the final argument stage of a Section 138 NI Act trial, prioritizing fair trial rights over delay.
Petition allowed; additional documents placed on record; costs of Rs.2500/- deposited for POCSO victims.
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STATE & ANR .....Respondents Through: Ms. Shoaib Haider, APP for State Mr. Shrey Mehta, Advocate for respondent no.2.
CORAM:
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 07:53:18
made part payments. The subject cheque was issued only for the remaining amount. It is further stated that the aspect of invoice also finds mention in the underlying complaint.
“16. Fair trial is the main object of criminal procedure, and it is the duty of the court to ensure that such fairness 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 jeopardized. Adducing evidence in support of the defence is a valuable right. Denial of such a 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 zealour in ensuring that there is no breach of the same.”
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 07:53:18
MANOJ KUMAR OHRI, J
OCTOBER 14, 2024/ rd
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 07:53:18
2 issues framed by the court
Whether the High Court can allow the filing of additional documents via Section 311 CrPC during the final argument stage of a cheque dishonour trial.
Whether the petitioner is entitled to place on record invoices and proof of payments despite the trial approaching conclusion.
Colour shows how this judgement treated each authority
Natasha Singh v. CBIReferred¶14
(2013) 5 SCC 741 · Who else cites this
2 provisions across 2 enactments
Hellmann Worldwide Logistics India Pvt Ltd
State
Respondent No.2
Manoj Kumar Ohri
As recorded by the court registry
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