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* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 18.09.2023 Pronounced on: 17.10.2023 + CRL.M.C. 6753/2023, CRL.M.A. 25255/2023 PAWAN DHANPATRAI MALHOTRA ..... Petitioner Through: Ms. Shriya Chanda, Advocate versus MAHENDER KHARI ..... Respondent Through: Mr. Aditya Singh Shitiz, Advocate along with respondent.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

JUDGMENT

SWARANA KANTA SHARMA, J.

1. The instant petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’) by the petitioner seeking setting aside of order dated 11.04.2023 passed by learned Principle District & Sessions Judge, South District, Saket District Courts, Delhi (‘learned Sessions Court’).

2. Briefly stated, facts of the present case are that complaint under Section 138 of Negotiable Instruments Act, 1881 (‘NI Act’) was filed by the respondent/complainant against the petitioner alleging dishonor of the cheques bearing no. 886175, 886176 and Signature Not Verified CRL.M.C.6753/2023 Page 1 of 9 Digitally Signed

886177, all dated 15.07.2019 for a sum of Rs. 6 lacs each, which had got dishonoured vide bank returning memos dated 11.10.2019 with remarks “Insufficient Funds”. The compla