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Ram Kawar Huf vs M/S Smc Global Securities Limited on 5 April, 2023

Author: Dinesh Kumar Sharma

Bench: Dinesh Kumar Sharma

                          $~27
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      CRL.M.C. 1794/2022 & CRL.M.A. 7632/2022
                                 RAM KAWAR HUF                                ..... Petitioner
                                                 Through: Petitioner in person.
                                                 versus
                                 M/S SMC GLOBAL SECURITIES LIMITED            ..... Respondent
                                                 Through: None.
                                 CORAM:
                                 HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
                                               ORDER

% 05.04.2023 CRL.M.A. 23840/2022 (for placing on record additional documents) This is an application moved by the petitioner for placing certain additional documents on record.

The petitioner, who appears in person, states that these documents may be allowed to be taken on record in support of his petition filed under Section 482 Cr.P.C.

For the reasons stated in the application, the application is allowed. The additional documents are taken on record.

The application stands disposed of.

Present petition has been filed seeking following prayers:-

"i. The complete and proper cross examination of the complainant broker on the basis of summoned record, documents and books of accounts may kindly be permitted to the petitioner accused by setting aside the impugned orders dated 10.11.2021 (Annexure-1 Pages 102- 117) in CRL Rev. 701/2019 w.r.t Crl. Rev. Petition dated 08.11.2019 (Annexure- 45 Pages 601-796) of the learned ASJ, Special Judge, NDPS Tis Hazari Courts, Delhi & order dated 18.9.2019 in CC Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:06.04.2023 18:48:32 No.526862/2016 (Annexure-42, Pages 581-584) w.r.t application dated 26.03.2018 (Annexure-37 Pages 453-459) passed by Hon'ble Metropolitan Magistrate, Central -02, Tis Hazari Courts, Delhi both of which are under challenge in this petition u/s 482 Cr.P.C. in the interest of justice so that the Hon'ble trial Court does not close the cross examination of the complainant.

ii. The primary complete books of accounts, records and documents with the arbitral records may kindly be got summoned from the exchange (NSEIL) for full, complete and proper cross examination of the complainant to do justice to the petitioner so that the complainant broker answers all the relevant questions on the basis of these records because the broker is relying upon the arbitration awards who may not be allowed to foreclose and preempt the defense of the petitioner by stating that all the issues raised by the accused are already taken care of by the arbitration awards and that the maintenance of documents/ books of accounts and records is a matter between the exchange and the broker and the same cannot be produced before the Hon'ble trial Court for the proper cross examination of the complainant broker and as such the complainant broker may not kindly be allowed to misuse the process of the court.

iii. The complete records of the courier service providers, the SMSes service providers as also the records for creation of bogus email ID and for sending of bogus electronic contract notes by the broker to the petitioner may also kindly be got summoned.

Issue notice to the respondent, returnable on 09th November, 2023. Meanwhile, the petitioner may appear through counsel before the learned Trial Court.

DINESH KUMAR SHARMA, J APRIL 5, 2023/st Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:06.04.2023 18:48:32