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DELHI HIGH COURT
SWARANA KANTA SHARMA
Babu & Co. – Appellant
Versus
Deepanshu Goel – Respondent
| Table of Content |
|---|
| 1. the background of the cheque dishonor case. (Para 1 , 2) |
| 2. arguments regarding leading defense evidence. (Para 3 , 4) |
| 3. court's deliberation on trial procedure and section 311. (Para 5 , 6 , 8 , 10 , 11) |
| 4. judicial discretion under section 311 crpc. (Para 9) |
| 5. emphasis on a fair trial for the accused. (Para 12 , 13) |
| 6. final ruling granting opportunity to lead defense evidence. (Para 14 , 15 , 16) |
JUDGMENT
Swarana Kanta Sharma, J. (Oral)--The present petition under Section 482 of the Code of Criminal Procedure, 1973 ("Cr.P.C.") has been filed by the petitioners for setting aside the order dated 06.12.2019 ("impugned order") passed by learned Metropolitan Magistrate, Central District, Tis Hazari Courts, Delhi in CC No. 525875/2016 titled as "Deepanshu Goel v. Babu & Co & Ors." whereby the right of the petitioners/accused persons to lead defence evidence was closed.
2. The brief facts of the case are that a complaint under Section 138 of the Negotiable Instruments Act, 1881 ("N.I. Act, 1881") was filed by the respondent against the petitioners on the ground that a cheque bearing no. 439142 dated 15.02.2014 for Rs.68,85,974/- issued by the petitioners to the respond
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