DELHI HIGH COURT
MANOJ KUMAR OHRI
Sandeep Mehta – Appellant
Versus
Rakesh Arora – Respondent
| Table of Content |
|---|
| 1. filing of criminal complaints under ni act. (Para 1 , 3) |
| 2. parties state opposing views on evidence availability. (Para 4 , 5) |
| 3. analysis of the exercise of court's power under section 311 cr.p.c. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 4. court decision to allow petitions with conditions. (Para 14 , 15 , 16) |
JUDGMENT
Manoj Kumar Ohri, J. The above-noted petitions have been filed under Section 482 Cr.P.C. on behalf of the petitioner for setting aside of the order dated 08.08.2019 passed by the learned Metropolitan Magistrate, Patiala House Courts, New Delhi in Criminal Complaint Nos. 1335/2017 and 1336/2017 filed under Section 138 read with Section 142 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the NI Act), whereby the applications filed under Section 311 Cr.P.C. on behalf of the complainant/petitioner seeking his recall and re-examination have been dismissed.
2. Since the parties are same, both the above-noted petitions shall be disposed of by a common order.
3. Brief facts, shorn of unnecessary details, as borne from the material placed on record, are that the aforesaid Criminal Complaints came to be filed by the petitioner in the year 2
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