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2016 Supreme(Del) 2271

VIPIN SANGHI
Banshidhar Chits – Appellant
Versus
Chandra Prakash Aggarwal – Respondent


Advocates:
Advocate Appeared:
Mr. Manish Sharma, Ms. Sonia Khandelwal, Ms. Malika Sharma

JUDGMENT :

Vipin Sanghi, J.

1. This application to seek leave to appeal has been preferred under section 378(4) Cr PC to assail the judgment dated 02.02.2016 passed by the learned Metropolitan Magistrate (T), North-East, Karkardooma Courts, Delhi in CC No.46192/2015, titled Banshidhar Chits (P) Ltd. v. Chandra Prakash Aggarwal. By the impugned order, the said complaint preferred by the petitioner under Section 138 Negotiable Instruments Act, 1881 has been dismissed by the learned Magistrate and the respondent/ accused has been acquitted of the said offence.

2. The leave to appeal is delayed by 26 days and, accordingly, the petitioner has filed an application to seek condonation of delay vide Crl MA No.10130/2016. However, since I have heard learned counsel for the petitioner and I am not inclined to grant leave, no useful purpose would be served in issuing notice on the said application seeking condonation of delay.

3. The case of the petitioner is that it is dealing in the business of chit fund. The accused is a member of the chit group BCPL/1 and BCPL/3 of the complainant. He is also a member of the chit group SBD/18, SBD/20, SBD/23 of a sister concern of the complainant/ petitioner













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