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2023 Supreme(Del) 5431

SWARANA KANTA SHARMA
Siddharth Duggal – Appellant
Versus
State (Govt. of NCT of Delhi) – Respondent


Advocates appeared:
Mr. Varun Tyagi and Mr. Bharat Gupta, Advocates alongwith petitioner.
Ms. Nandita Rao, ASC for the State along with Mr. Amit Peswani and Mr. Saransh, Advocates, for the Respondent.
Mr. Naman Joshi, Ms. Ritika Vohra, Mr. Guneet Sidhu, Mr. Rohan Agarwal and Mr. Anirudh Singh, Advocates, for R-2.

JUDGMENT

Swarana Kanta Sharma, J.

1. By way of present writ petition filed under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (`Cr.P.C.'), the petitioner seeks following reliefs:

i. setting aside of order dated 17.10.2019 passed by learned Metropolitan Magistrate-05, Patiala House Courts, Delhi (`learned Magistrate')in Complaint Case No. 4157/2016, as well as order dated 23.01.2023 passed by learned Additional Sessions Judge-07,Patiala House Courts, Delhi (`learned ASJ') in Criminal Revision Petition No. 106/2020 dismissing the revision petition filed by the petitioner;

ii. allowing the application filed by petitioner under Section 243 read with Section 293 of Cr.P.C. read with Section 45 and 73 of Indian Evidence Act, 1872 seeking examination of the cheque in question by Government Scientific Expert and another application seeking summoning of the witnesses as mentioned in the application.

2. The factual background of the present case, in brief, is that respondent no. 2/complainant `M/s. Rakesh Press' had filed a complaint under Section 138 of Negotiable Instruments Act, 1881 (`NI Act') whereby it was stated that the complainan

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