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2024 Supreme(Online)(DEL) 15574

HIGH COURT OF DELHI
HON'BLE MR. JUSTICE ANISH DAYA L, J
RAJEEV KUMAR – Appellant
Versus
THE STATE NCT OF DELHI & ANR. – Respondent


Mr. Ankur Dhall, Advocate with Mr. Manish Sharma, Advocates. Mr. Hitesh Vali, APP for State. Mr. Mahesh Kumar, Ms. Arti Valia, Mr. Praveen Shukla and Ms. Heena Sharma, Advocates.

JUDGMENT

ANISH DAYAL, J. CRL.L.P. 212/2021

1. This criminal leave petition is filed under Section 378(4) read with Section 482 of The Code of Criminal Procedure, 1973 (‘CrPC’) by appellant seeking setting aside of order dated 31st July 2021 (‘impugned order’) passed by Ms. Isha Singh, MM/NI Act-03/Central/ Delhi in CC No. 510085/2016 titled as ‘Rajeev Kumar v Satish Kumar’, where the Trial Court dismissed the complaint of appellant and acquitted respondent no.2 for the offence under section 138 of The Negotiable Instruments Act, 1881 (‘NI Act’).

2. Leave to appeal is granted.

3. Petition is disposed of.

CRL.A._____/2024 (Registry to number the appeal)

1. Heard counsels for the parties.

Factual background

2. The said complaint was filed by complainant/appellant under section 138 of NI Act against accused/respondent no.2. The gravamen of the complaint was that the father of the complainant, Late Sh. Narain Dass and accused were colleagues, working in the same bank and branch, when the accused had approached the father of the complainant for a loan of Rs. 3,50,000/-. The said interest-free loan was advanced by the complainant’s father in about October 2011, and in discharge of its liability t

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