from the Memorandum of Understandings dated 16.07.2014 and 16.05.2015, marked as Exs.P-8 and P-9. The proposed witnesses, who are alleged to have arranged the funds, at the instance of the petitioner, to the respondent, could not be secured to examine them as they were outside the India, at the relevant point of time, and their examination as proposed witnesses is crucial to prove the transaction between the petitioner and the respondent to substantiate the factum of pooling amount from various persons including the proposed witnesses. The evidence of the petitioner was closed on 11.04.2017, after examining two witnesses; thereafter, the respondent was examined under Section 313 Cr.P.C., the calender case was posted for argument on 03.05.2017, the petitioner filed Crl.M.P. No.1103 of 2017, under Section 311 Cr.P.C., to recall P.W.2 but the same was dismissed by the trial Court and, later, posted for argument on 03.10.2017. After hearing the argument of the petitioner, since the counsel for the respondent did not advance his argument, C.C. No.291 of 2016 was posted for judgment on 29.12.2017; then the respondent filed a petition for reopening of case and to hear the argument, which petition was allowed and, after hearing the argument on either side, the calender case was posted for judgment to 28.02.2018, on which date, the aforesaid petitions were filed by the petitioner to reopen the case and to examine the proposed witnesses respectively by producing photostat copies of few pages of the passports and also the itinerary details including the online flight tickets of the proposed witnesses to prove that they were outside the India for some time and hence their examination is necessary.
