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Gautam Gambhir vs Jai Ambey Traders & Ors on 17 October, 2025

                      $~27
                      *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                      +    CRL.M.C. 6513/2025, CRL.M.A. 27420/2025 &
                           CRL.M.A. 27421/2025
                           GAUTAM GAMBHIR               .....Petitioner
                                          Through: Ms. Srutee Priyadarshini,
                                                   Ms. Bhavya Jain & Mr.
                                                   Harshat Singh, Advs.

                                                              versus

                                JAI AMBEY TRADERS & ORS.    .....Respondents
                                             Through: Mr.     Nishant    Awana,
                                                      Ms. Nitya Sharma & Mr.
                                                      G.S. Awana, Advs. for R2

                                CORAM:
                                HON'BLE MR. JUSTICE AMIT MAHAJAN
                                             ORDER

% 17.10.2025

1. The petitioner is aggrieved by the order dated 14.07.2025 (hereafter 'the impugned order') passed by the learned Judicial Magistrate First Class in Ct Case 9577/2018 pursuant to which the application filed by Respondent No. 2 for leading defence evidence was allowed.

2. The main ground on which the present petition is filed is that since Respondent No. 2's right to lead defence evidence was closed on 05.04.2025, the learned Magistrate could not have reviewed his order and allowed Respondent No. 2 to lead defence evidence by the impugned order.

3. The perusal of the impugned order indicates that the learned Trial Court was considering the application filed by Respondent No. 2 under Section 311 of the Code of Criminal Procedure, 1973 ('CrPC').

4. It is not disputed that Respondent No. 2's right to lead CRL.M.C. 6513/2025 Page 1 of 3 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 31/10/2025 at 22:43:31 defence evidence was closed by order dated 05.04.2025 noting the conduct of the respondent in taking repeated adjournments.

5. The learned Trial Court noted that on 04.03.2025, last opportunity was granted to Respondent No. 2 to lead defence evidence and the matter was adjourned to 05.04.2025.

6. On Respondent No. 2's failure to appear on 05.04.2025, his right to lead defence evidence was closed. It was also observed that Respondent No. 2 has been deliberately delaying the adjudication of the case.

7. Undisputedly, the learned Magistrate does not have any power to review its own order, however, the impugned order was passed in an application filed under Section 311 of the CrPC which provides as under:

"311. Power to summon material witness, or examine person present.--Any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or recall and re-examine any person already examined; and the Court shall summon and examine or recall and re-examine any such person if his evidence appears to it to be essential to the just decision of the case."

8. The provision empowers the Court to summon any person as a witness or to recall and re-examine any person already examined to ensure that the ends of justice are not defeated.

9. It is clear that Respondent No. 2, if had appeared on 05.04.2025, would have been permitted to lead defence evidence. The application was, thereafter, filed immediately on 01.05.2025 seeking recall.

10. The learned Trial Court, thus, rightly treated the application under Section 311 of CrPC and considering that not much time has elapsed and the steps were taken immediately by Respondent No. 2, the application was allowed and Respondent CRL.M.C. 6513/2025 Page 2 of 3 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 31/10/2025 at 22:43:31 No. 2 was allowed to enter appearance as witness and call witnesses to lead defence evidence.

11. In view of the above, this Court finds no infirmity in the impugned order. However, since as per the observation made by the learned Trial Court, Respondent No. 2 had been deliberately delaying the adjudication, in the opinion of this Court, Respondent No. 2 should have also been put to cost.

12. It is pointed out that the matter is now listed for defence evidence on 29.10.2025. Respondent No. 2 is directed to remain present on the said date and not take any unwarranted adjournments.

13. The learned Trial Court is also requested to make endeavours for completing the defence evidence expeditiously without granting adjournment to any of the parties.

14. In view of the observation made by the learned Trial Court that Respondent No. 2 has been deliberately delaying the adjudication of the proceedings, Respondent No. 2 is also directed to pay a cost of ₹15,000/- to the petitioner.

15. The present petition is disposed of in the aforesaid terms.

AMIT MAHAJAN, J OCTOBER 17, 2025 "SS"

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 31/10/2025 at 22:43:31