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2012 Supreme(Del) 2880

V.K.SHALI
Vipul Kumar Gupta – Appellant
Versus
Vipin Gupta – Respondent


Advocates:
For the Petitioner: Mr. K.K. Sharma for Mr. Prag Chawla, Advo#31;cates.
For the Respondent: Mr. S.K. Saxena, Advo#31;cate.

JUDGMENT :

V.K. Shali, J.:—

Crl.M.A.11464/2011

1. This is an application seeking condonation of 44 days delay in filing the leave to appeal.

2. For the reasons mentioned in the application, as sufficient cause has been shown, the delay of 44 days in filing the appeal is condoned.

3. The application stands disposed of. Crl. L.P.461/2011

4. This is a leave to appeal filed by the appellant against the judgment dated 1.6.2011 passed by the learned ACMM-I, North-West, Rohini Courts, New Delhi, dismissing the complaint of the appellant under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the Act), acquitting the respondent/accused.

5. Briefly stated, the facts of the case are that the appellant had filed a complaint under Section 138 of the Act against the respondent/accused, alleging therein that he was known to the father of the respondent/accused, being the Secretary of Creative Video Films Welfare Society. It has been alleged that the appellant gave a personal friendly loan of Rs.9,00,000/- to the respondent/accused, who was in need of the same, by borrowing a sum of Rs.4,50,000/- from his father, a sum of Rs,2,00,000/- from his sister, Nidhi Gupta and the







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