Order 9

Order Details: COPY OF JUDICIAL PROCEEDINGS
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CC NI ACT 3001-2021
SHYAM JHA Vs. ROSHAN JHA
25.08.2022
(Proceedings conducted through Video conferencing on Cisco Webex platform using
the URL link https://delhidistrictcourts.webex.com/meet/ninewdelhi3.
Present: Sh. Sunil Chaudhary, Ld. counsel for the complainant along with
complainant.
Sh. Mani Kaul, Ld. counsel for the accused along with accused.
Arguments on the application of complainant heard.
Ld. counsel for the complainant submits that proposed CW-2 Alka Jha is the
wife of the complainant and she is the eye witness to the loan transaction in question. That
the loan in question was advanced to the accused in her presence. Ld. counsel for the
complainant requests that she is a prime witness and her evidence is necessary to prove the
case of the complainant.
Per contra, Ld. counsel for the accused submits that in the application of the
complainant it is mentioned that proposed CW-2 has contributed to the loan, however the
said fact is nowhere mentioned in the complaint and the complainant is trying to fill the
lacunae in his case by changing the facts.
In rebuttal, Ld. counsel for the complainant submits that there has been a
bonafide mistake on his part and the said fact was inadvertently not mentioned in his
complaint. He further presses that the application be allowed since the deposition of
proposed CW-2 is necessary for proper adjudication.
Arguments heard. Documents perused.
The Hon’ble Supreme Court in Varsha Garg Vs. State of Madhya Pradesh and
Ors. 2022 SCC OnLine SC 986 has held that a person can be summoned as an additional
witness if the court finds that any evidence is essential for the just decision of the case and
that the court has a vital role to discharge in ensuring that the cause of discovering truth as
in aid in the realisation of justice is manifest. Further, the Hon’ble Supreme Court in
Rajender Prasad Vs Narcotic Cell (1999) 6 SCC 110 has held that no party in a trial can be
foreclosed from correcting errors. If proper evidence was not adduced or a relevant material
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was not brought on record due to any inadvertence, the court should be magnanimous in
permitting such mistakes to be rectified.
Perusal of the application reflects that the proposed CW-2 is a material witness
since she is stated to be the eye witness to the transaction in question. Hence, in the light of
the above mentioned precedents and applying the same in the present fact, in the considered
opinion of the court, complainant shall be given one opportunity to examine CW-2 for the
proper adjudication and just decision of the present case.
In view of the same, the application of the complainant for bringing CW-2 as
an additional witness is allowed subject to payment of Rs.1000/- to be paid to the opposite
side itself.
The application is disposed of.
The complainant has not yet filed application for bringing additional
documents.
Ld. counsel for the complainant undertakes to furnish the same during the
course of the day with an advance copy to the opposite side. Heard and allowed.
Put up for evidence of CW-2 on 24.11.2022 at 2 PM in the VC room, Digital
courts, at Patial House Courts, New Delhi. Date is given at the convience of both the parties.
PA is directed to do updation of the case and upload the order as per rules.
(PADMA LANDOL)
MM (NI Act) Digital Court-03
New Delhi, PHC/Delhi/25.08.2022
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