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2023 Supreme(Del) 4705

SWARANA KANTA SHARMA
Rajesh Jindal – Appellant
Versus
Sanjay Khurana – Respondent


Advocates appeared:
Mr. Dhan Mohan, Mr. Ravi Mishra and Ms. Tanisha Bhati, Advocates, for the Petitioner.
Respondent in person.

JUDGMENT

Swarana Kanta Sharma, J.

1. The instant petition has been filed under Section 482 of the Code of Criminal Procedure Code (`Cr.P.C') by the petitioner seeking quashing/setting aside of order dated 06.02.2023 passed by learned Metropolitan Magistrate (NI Act), North-West District, Rohini Courts, Delhi in CC No. 14756 of 2016 in case tilted as `Sanjay Khurana vs. Sunil Jindal and others' for the offence punishable under Section 138 of Negotiable Instruments Act, 1881.

2. Briefly stated, the respondent had filed a complaint under Section 138 NI Act against Sunil Jindal, Rajesh Jindal and M/s Rex Apparels. Accordingly, the petitioner had preferred an application under Section 145 (2) Cr.P.C. which had been allowed by the Learned Trial Court for cross examination of the respondent, in which only three questions had been asked by the learned proxy counsel of the previous counsel for the respondent before closing the complainant's evidence. The petitioner had filed another application before the Learned Trial Court for further cross examination of complainant/respondent (CW-1). Accordingly, on 06.02.2023, an application under Section 311 Cr.P.C. had been filed by the petitioner

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