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2025 Supreme(Del) 793

IN THE HIGH COURT OF DELHI AT NEW DELHI
S.C. BAJAJ – Appellant
Versus
STATE & ANR. – Respondent


JUDGMENT :

CRL.L.P. 637/2019 & CRL.L.P. 638/2019

1. The present leaves to appeal are filed against the judgement dated 30.08.2019 (hereafter ‘impugned judgement’) passed by the learned Metropolitan Magistrate (‘MM’), Saket Courts, New Delhi in Complaint Cases Nos. 521120/2016 and 632692/2016, whereby Respondent No. 2 was acquitted of the offence under Sections 138 and 142 of the Negotiable Instruments Act, 1881 (‘NI Act’

2. For the reasons discussed below, leaves to appeal are granted.

CRL.A.________/2025 (to be numbered) and CRL.A.________/2025 (to be numbered)

3. The two complaints under Sections 138 and 142 of the NI Act were filed at the instance of the complainant/ appellant. It is averred that the accused/ Respondent No. 2 is known to the appellant for many years as both have their factories in the same complex in Okhla, Delhi. It is alleged that the appellant advanced a friendly loan of Rs.5,00,000/- in cash to Respondent No. 2, in the month of April, 2015 after arranging the same from one of his friends namely– Malkait Singh. Thereafter another sum of Rs.4,00,000/- in cash was advanced to Respondent No. 2 by the appellant on another occasion, after arranging the same from the sa

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