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2015 Supreme(Del) 464

SUNIL GAUR
Neerav J. Shah – Appellant
Versus
State of Delhi – Respondent


Advocates Appeared:
R.K. Sachdeva, Mandeep Singh Vinaik, Deepak Bashta, S.A. Khan, Ms. Sophiya Salim, Mirza Rizwan Baij, Archna Rani, Mukesh M. Goel, Virender Goswami, Soni Singh, Subham Aggarwal, Dayan Krishnan, Senior Advocate, Swati Goswami, Atul Nanda, Senior Advocate, Deepak Mishra, Karan Singh, Additional Public Prosecutor, Tarun K. Bedi, Aman Varma, Rajat Wadhwa, Amritansh Batheja, R.B. Singhal, Senior Advocate, Anshuj Dhingra, Janander Mahajan Advocates.

JUDGMENT

SUNIL GAUR, J.

With the consent of learned counsel for parties, the above-captioned petitions were heard together as the question raised in these petitions is similar and by this common judgment, these petitions are being disposed of.

In the above-captioned petitions, interpretation of Section 145(2) of Negotiable Instruments Act, 1881 is the question which falls for consideration. Learned Senior Counsel for petitioner-Balchandra [in Crl.M.C.No.4110/2014] drew the attention of this Court to trial court’s order of 3rd January, 2013 whereby Notice under Section 251 Cr. P.C. has been framed and application of accused under Section 145(2) of Negotiable Instruments Act, 1881 was allowed and the case was adjourned for cross-examination of complainant for 11th March, 2013. On the aforesaid date, complainant had placed on record additional documents and the trial court had adjourned the case for 22nd April, 2013 for cross-examination of complainant. However, it is evident from the order of 22nd April, 2013 of trial court that on that day application for transfer of case was filed by accused for transfer of the case to the court of competent territorial jurisdiction. The said applica

















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