2017 (11) TMI 485 - HC - Indian Laws

Additional documents after passing the summoning order - Held that - In the instant case the additional documents pertains to a reply filed by the respondent No.2/complainant in the revision petition along with other documents, reply and documents filed before this Court, the copy of annual balance sheets of the accused company for the year 2010-11, 2011-12 and 2012-13 which were filed by the accused persons on 29.11.2014 and 29.12.2014, and the certificate issued by the Company Secretary in compliance of the statutory provisions of the Companies Act, which indicates that the petitioner was involved and was responsible in dealing with the accounts of the accused company. Since the documents in question are relevant documents for the purpose of determining whether the petitioner was the director who was dealing and responsible for the day to day affairs of the accused company and the documents so produced before the Lower Court would be the documents of the petitioner himself therefore, it is for the petitioner to explain its creation in accordance with the law.

Summary

Issues involved:
Quashing of order under Sections 138/141 of Negotiable Instruments Act, 1881; Admissibility of additional documents in complaint case; Stage for taking additional documents in criminal proceedings.

Analysis:

1. Quashing of Order under Sections 138/141 of Negotiable Instruments Act, 1881:
The petitioner sought quashing of the order passed by the Civil Judge, South East, Saket Court, New Delhi in CC. No. 14/2013 under Section 482 Cr.P.C. read with Article 227 of the Constitution of India. The complaint alleged non-repayment of a friendly loan extended by the respondent company to the accused persons, including the petitioner. The accused failed to repay the loan, resulting in dishonored cheques and subsequent legal actions under Sections 138/141 of the NI Act. The petitioner challenged the summoning order issued by the Metropolitan Magistrate, which was dismissed by the Sessions Court. The High Court held that all issues could be raised during the trial at the stage of framing of charges.

2. Admissibility of Additional Documents in Complaint Case:
The respondent/complainant filed an application to place additional documents on record after the initial filing of the complaint. The petitioner objected to the admissibility of these documents at the stage of Section 251 Cr.P.C., arguing that they were not available at the time of filing the complaint. The petitioner contended that the complainant's actions were contrary to the law and procedure, citing various judgments to support the claim that additional documents should not be considered before the stage of Section 251 Cr.P.C. The complainant argued that the additional documents were essential to establish the petitioner's involvement in the accused company's affairs and that the right to cross-examine witnesses should prevail.

3. Stage for Taking Additional Documents in Criminal Proceedings:
The court examined the relevance of the additional documents, including a reply filed by the complainant in a revision petition, annual balance sheets of the accused company, and a certificate issued by the Company Secretary. The court emphasized the need to determine the truth and render a just decision by considering all relevant facts. Citing the Supreme Court's observation in Natasha Singh vs. CBI, the court held that the power to admit additional evidence must be exercised judiciously to meet the ends of justice. The court found no merit in the petitioner's contentions and dismissed the petition, upholding the admissibility of the additional documents at the relevant stage of the proceedings.

In conclusion, the High Court dismissed the petition seeking quashing of the order under Sections 138/141 of the NI Act and upheld the admissibility of additional documents in the complaint case, emphasizing the importance of considering all relevant facts to arrive at a just decision in criminal proceedings.