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2024 Supreme(Online)(DEL) 16087

HIGH COURT OF DELHI
HON'BLE MR. JUSTICE ANISH DAYAL, J
SANDEEP SHARMA – Appellant
Versus
VIKRAM KUMAR PANDEY – Respondent


Mr. Abhay Man Tripathi, Ms. Anjali Chand and Ms. Shivangi Pandey, Advocates along with petitioner in person; Ms. Raavi Kumar Jotwani, Mr. Sanjay Dahiya, Mr. Deva Mani Mishra and Mr. Sanjay Sharma, Advocates.

JUDGMENT

ANISH DAYAL, J.

1. This petition has been filed seeking setting aside of order dated 31st January 2024 passed by ASJ, South West, Dwarka Court in Crl. Revision No. 412/2023.

2. By the said impugned order, a revision filed by petitioner was dismissed which in turn had impugned order dated 25th May 2023 passed by MM (NI Act), South West, Dwarka Courts in CC No. 29/2020, dismissing the application under Section 251 of the Code of Criminal Procedure 1973 (‘ Cr.P.C ’). read with Section 256 Cr.P.C . filed by petitioner.

Factual Background

3. The background facts are that the complainant alleged that the petitioner had approached the respondent by introducing himself as a friend of the respondent's wife. On that basis the respondent provided a friendly loan of Rs. 20 lakhs to the petitioner.

4. On 19th September 2019, two agreements were executed between the parties and the petitioner issued two cheques drawn on Induslnd Bank for Rs. 10 lakhs each in lieu of the loan. On 21st September 2020, the cheques were presented but were returned unpaid on 23rd September 2020 with the remark “payment stopped by drawer”.

5. On account of non-payment of cheque, a legal notice was issued and a com

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