DELHI HIGH COURT
SWARANA KANTA SHARMA
Babu & Co. – Appellant
Versus
Deepanshu Goel – Respondent
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 respondent was dishonored and returned unpaid due to insufficient funds. During the pendency of the complaint case, petitioners were provided various opportunities to lead their evidence but despite the same, petitioners failed to do so. An application under Section 311 Cr.P.C. was moved on behalf of the petitioners, which was allowed in part by the learned Trial Court on 28.09.2019, and petitioners were allowed to lead t
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