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2014 Supreme(Del) 2832

VED PRAKASH VAISH
A. R. Banerjee – Appellant
Versus
State & Anr. – Respondent


Advocates Appeared:
For the Petitioner:Ms. Rebeca M. John, Sr. Adv. with Mr. Harsh Bara and Mr. Nikhil Ahuja, Advocates.
For the State : Mr. Parveen Bhati, APP.
For the Respondent No. 2:Mr. Vivek Sood and Mr. Ajit Nair, Advocates.

Ved Prakash Vaish, J.:--

1. By this petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.P.C’) the petitioner assails the order dated 19.8.2013 passed by learned SCJ-Cum-RC, New Delhi in complaint case No. 5536/1/09/12 titled as “Anil Dogra v. A.R. Banerjee” for the offence under Section 138 of the Negotiable Instruments Act (for short the ‘Act’), whereby the application moved on behalf of the petitioner seeking opinion of GEQD in relation to hand writing of the body of the cheques in question was dismissed.

2. In short, the facts of the present case are that respondent No. 2/complainant filed a complaint under Section 138 of the Negotiable Instruments against the petitioner on the allegations, inter alia, that sometime in January, 1982, the petitioner met the complainant at New Delhi and represented himself as a divorced person. On believing the representation of the petitioner, the complainant gave her consent for the marriage and accordingly, on 15.2.1982 the petitioner and respondent No. 2 tied their marital knot at New Delhi. The petitioner induced and cohabited with the complainant for almost 20 years, keeping the complainant in fal





















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