2023 Supreme(Online)(DEL) 7916
$~
* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: July 25, 2023 Decided on: September 12, 2023 + CRL.REV.P. 228/2017 &CRL.M.A. 10831/2019 HANSRAJ BANSAL ..... Petitioner Through: Mr. Bharat Gupta and Mr.Varun Tyagi, Advocates V STATE & ANOTHER ..... Respondents Through: Mr. Utkarsh, APP for State/R1 Mr. Prince Arora, Advocate for R-2
23 + CRL.REV.P. 229/2017 &CRL.M.A. 10739/2019 HANSRAJ BANSAL …..Petitioner Through: Mr. Bharat Gupta and Mr.Varun Tyagi, Advocates V STATE &ANOTHER ..... Respondents Through: Mr. Utkarsh, APP for State/R-1 Mr. Prince Arora, Advocate for R-2
24 + CRL.REV.P. 230/2017 HANSRAJ BANSAL ..... Petitioner Through: Mr. Bharat Gupta and Mr.Varun Tyagi, Advocates V STATE & ANOTHER ..... Respondents Through: Mr. Utkarsh, APP for State/R-1 Mr. Amit Kumar Singh and Mr. Rohit Rexwal, Advocates for R-2
25 + CRL.REV.P. 233/2017 &CRL.M.A. 10742/2019 HANSRAJ BANSAL ..... Petitioner Through: Mr. Bharat Gupta and Mr.Varun Tyagi, Advocates V STATE & ANOTHER ..... Respondents Through: Mr. Utkarsh, APP for State/R-1 Mr. Prince Arora, Advocate for R-2
26 + CRL.REV.P. 234/2017 HANSRAJ BANSAL ..... Petitioner Through: Mr. Bharat Gupta and Mr.Varun Tyagi, Advocates V STATE & ANOTHER ..... Respondents Through: Mr. Utkarsh, APP for State/R-1 Mr. Amit Kumar Singh and Mr. Rohit Rexwal, Advocates for R-2
27 + CRL.REV.P. 235/2017 HANSRAJ BANSAL ..... Petitioner Through: Mr. Bharat Gupta and Mr.VarunTyagi, Advocates V STATE & ANOTHER ..... Respondents Through: Mr. Utkarsh, APP for State/R-1 Mr. Amit Kumar Singh and Mr. RohitRexwal, Advocates for R-2
28 + CRL.REV.P. 236/2017 &CRL.M.A. 10741/2019 HANSRAJ BANSAL ..... Petitioner Through: Mr. Bharat Gupta and Mr.Varun Tyagi, Advocates V STATE & ANOTHER ..... Respondents Through: Mr. Utkarsh, APP for State/R-1 Mr. Prince Arora, Advocate for R-2
29 + CRL.REV.P. 237/2017 HANSRAJ BANSAL ..... Petitioner Through: Mr. Bharat Gupta and Mr.Varun Tyagi, Advocates V STATE & ANOTHER ..... Respondents Through: Mr. Utkarsh, APP for State/R-1 Mr. Amit Kumar Singh and Mr. Rohit Rexwal, Advocates for R-2 + CRL.REV.P. 238/2017 &CRL.M.A. 10740/2019 HANSRAJ BANSAL ..... Petitioner Through: Mr. Bharat Gupta and Mr.Varun Tyagi, Advocates V STATE & ANOTHER ..... Respondents Through: Mr. Utkarsh, APP for State/R-1 Mr. Prince Arora, Advocate for R-2
31 + CRL.REV.P. 239/2017 &CRL.M.A. 10743/2019 HANSRAJ BANSAL ..... Petitioner Through: Mr. Bharat Gupta and Mr.Varun Tyagi, Advocates.
V STATE & ANOTHER ..... Respondents Through: Mr. Utkarsh, APP for State/R-1 Mr. Prince Arora, Advocate for R-2 */
CORAM HON'BLE DR. JUSTICE SUDHIR KUMAR JAIN
J U D G M E N T
1. The petitioner as complainant filed criminal complaints under section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as “the Act”) against the respondents no. 2 being accused, bearing no 269/13 (subject matter of Crl. Rev. Petition bearing no 228/2017) titled as Hansraj Bansal V Abdul Ahad on basis of cheque bearing no.188868 dated 05.04.2009 amounting to Rs.11,71,600/- drawn on ICICI Bankwhich returned unpaid due to Payment Stopped by Drawer; 346/13 (subject matter of Crl. Rev. Petition bearing no 229/2017) titled as Hansraj Bansal V Abdul Ahad on basis of cheque bearing no 176236 dated 15.03.2009 amounting to Rs.11,10,000/- drawn on ICICI Bank which returned unpaid due to Payment Stopped by Drawer; 265/13 (subject matter of Crl. Rev. Petition bearing no 230/2017) titled as Hansraj Bansal V Farooq @ Bablu on basis of cheque bearing no.911692 dated 24.06.2012 amounting to Rs.5,00,000/- drawn on Punjab National Bank which returned unpaid due to Signature of the Drawer was not according to Mandate; 298/13 (subject matter of Crl. Rev. Petition bearing no 233/2017) titled as Hansraj Bansal V Sarfaraz Ahmed on basis of cheque bearing no 078864 dated 05.04.2009 amounting to Rs.3,32,500/- drawn on Standard Chartered Bank which returned unpaid due to Insufficiency of Funds; 725/13 (subject matter of Crl. Rev. Petition bearing no 234/2017) titled as Hansraj Bansal V Arshad Ahmedon basis ofcheque bearing no 791221 dated 10.06.2011amounting to Rs.2,00,000/- drawn on South Indian Bank Ltd. which returned unpaid due to Want of sufficiency of Funds; 948/13 (subject matter of Crl. Rev. Petition bearing no 235/2017) titled as Hansraj Bansal V Farooq @ Babluon basis ofcheque bearing no.911693 dated 28.06.2013 amounting to Rs.3,00,000/- drawn on Punjab National Bank which returned unpaid due to Signature of the Drawer Differs; 227/13 (subject matter of Crl. Rev. Petition bearing no 236/2017) titled as Hansraj Bansal V Sarfaraz Ahmed on basis of cheque bearing no.078860 dated 21.02.2009 amounting to Rs.9,60,000/- drawn on Standard Chartered Bank which returned unpaid due to Insufficiency of Funds;478/13 (subject matter of Crl. Rev. Petition bearing no 237/2017) titled as Hansraj Bansal V Shis Pal Tomar on basis of cheque bearing no.636617 dated 17.03.2009 amounting to Rs.2,50,000/- drawn on HDFC which returned unpaid due to Insufficiency of Funds; 464/13 (subject matter of Crl. Rev. Petition bearing no 238/2017) titled as Hansraj Bansal V Abdul Ahad on basis of cheque bearing no 188868 dated 05.04.2009 amounting to Rs.11,71,600/- drawn on ICICI Bank which returned unpaid due to Payment Stopped by Drawer and 401/13 (subject matter of Crl. Rev. Petition bearing no 239/2017) titled as Hansraj Bansal V Sarfaraz Ahmed on basis of cheque bearing no.078861 dated 20.03.2009 amounting to Rs.14,90,000/- drawn on Standard Chartered Bank which returned unpaid due to Insufficient Fund. The petitioner also filed other complaints under section 138 of the Act which are bearing no.387/13 titled as Hansraj Bansal V Sabir Ali; 100/13 titled as Hansraj Bansal V Komal Parshad; 354/13 titled as Hansraj Bansal V Sher Pal Nagar; 585/13 titled asHansraj Bansal V Vinod Kumar; 456/13 titled as Hansraj Bansal V Salim @ Guddu and bearing no.022/13 titled as Hansraj Bansal V Manju Gupta. The respondents no 2 and other accused did not pay the cheque amounts despite legal notice. Hence the petitioner filed present complaints. The petitioner led pre-summoning evidence in all complaints and thereafter cognizance was taken against the respondents in all complaints for offence punishable under section 138 of the Act. Notice under section 251 Cr. P.C. was stated to be given to the respondents no 2 to which they pleaded not guilty and filed applications under section 145(2) of the Act which were stated to be replied by the petitioner.
2. The petitioner in complaint bearing no 346/13 titled as Hansraj Bansal V Abdul Ahad vide proceedings date