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RAJNISH BHATNAGAR
Piyush Kumar Pappu – Appellant
Versus
Mukesh Kumar Bharti – Respondent
JUDGMENT
Rajnish Bhatnagar, J.
CRL.M.A. 8684/2023 & CRL.M.A. 8685/2023 (exemption)
Exemptions allowed, subject to all just exceptions.
The application stands disposed of.
CRL.M.C. 2301/2023 & CRL.M.A. 8683/2023 (stay)
1. The present petition has been filed under Section 482 Cr.P.C. by the petitioner with the following prayers:
"a) Quash and Set aside the Impugned Order dated 20.03.2023 passed by Ld. Principal District & Sessions Court, New Delhi District, Patiala House Courts, New Delhi in Criminal Revision no. 144 of 2023 titled "Piyush Kumar Pappu Vs. Mukesh Kumar Bharti", and
b) Quash and Set aside summoning order dated 19.07.2022 passed by the Ld. Metropolitan Magistrate, NI Digital Court-02, New Delhi District, Patiala House Court, New Delhi passed in the CC NI Act no. 2461/2022 titled as "Mukesh Kumar Bharti Vs. Piyush Kumar Pappu", and consequently dismiss the complaint bearing CC NI Act no. 2461/2022 titled as "Mukesh Kumar Bharti Vs. Piyush Kumar Pappu", and/or
c) Pass such further direction(s) and other order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice."
2. It is submitted by the learned Counsel for
The accused has the responsibility to present a defense before the Metropolitan Magistrate's Court and follow the due procedure of law as provided under the N.I. Act and the Cr.PC.
The court upheld the summoning order under Section 138 of the NI Act, confirming that the complaint was filed within the limitation period and a prima facie case was established against the petitione....
Dishonour of a cheque under Section 138 is actionable regardless of claims of stop payment or misplaced cheque, with legal presumptions favoring existence of debt or liability.
The legal presumption under Section 139 of the NI Act favors the complainant, and factual disputes must be resolved at trial, not pre-trial.
A complaint under Section 138 of the NI Act must be filed within one month from the date of the cause of action, but courts can condone delays upon showing sufficient cause.
The technical nature of the offence under Section 138 of the N.I. act, the inbuilt defences available to the accused, and the summary trial procedure were central legal principles established in the ....
The High Court cannot quash a Section 138 complaint based on defenses that require factual evidence; such defenses must be raised during the trial process.
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