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2023 Supreme(Del) 1527

SWARANA KANTA SHARMA
Gulshan Arora – Appellant
Versus
State of NCT of Delhi – Respondent


Advocates appeared:
Mr. Prem Kandpal, Mr. Nakul Singal, Ms. Yogita Bansal and Mr. Himanshu, Advocates, for the Petitioner.
Mr. Satish Kumar, APP, for State.
Mr. Kunal Anand, Mr. Sandesh Kumar, Mr. Jai Batra and Mr. Amresh Bind, Advocates, for Complainant.

JUDGMENT

Swarana Kanta Sharma, J.

1. By way of present petition filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter 'Cr.P.C.'), the petitioners seek quashing/setting aside of the order dated 01.10.2022 passed by learned Special Judge-NDPS/ASJ, South, Saket Courts, and order dated 06.01.2023 passed by learned ASJ-07, South, Saket Courts, (hereinafter 'Appellate Court') in CA No. 134/2021 titled as "Gulshan Arora & Anr. vs. State (GNCT of Delhi) & Anr."

2. The aforesaid impugned orders of the learned Appellate Court emanate from the Appeal filed by the petitioners herein against their conviction under Section 138 of Negotiable Instruments Act, 1881 (hereinafter 'NI Act') in CT Case No.11160/2017 titled as "Arun Malhotra v. Gulshan Arora & Anr."

2.1. The petitioners, vide judgment dated 22.10.2021, were held guilty under Section 138 of NI Act by the Court of learned MM (NI Act-03)/South, Saket Courts, New Delhi (hereinafter 'Trial Court') and the concluding portion of said judgment reads as under:

    "...Conclusion:

    25. In view of the foregoing discussion, this court holds that complainant has established his case beyond reasonable doubt by proving all the ingredi

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