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2024 Supreme(Online)(DEL) 9348

HIGH COURT OF DELHI
RAJESH MARWAH – Appellant
Versus
STATE & ANR. – Respondent


JUDGMENT

SWARANA KANTA SHARMA, J.

1. The instant petition under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been filed on behalf of petitioner seeking quashing/setting aside the order dated 24.07.2023 passed by learned Additional Sessions Judge, Central District, Tis Hazari Court, Delhi in Appeal No.264 of 2022 titled as "Rajesh Marwah vs. Ankur Rastogi".

2. Briefly stated, the facts of the present case as borne out of the complaint filed under Section 138 of Negotiable Instrument Act, 1881 ('NI Act'), are that the accused had approached and requested the complainant for some financial assistance in the form of friendly loan in the first week of September, 2016. The complainant, considering the difficulty of the accused, had paid a sum of Rs.1,00,000/- as a friendly loan to the accused in the mid of September, 2016. The accused had assured the complainant that the same will be returned by August, 20l7 and in discharge thereof, the accused had issued a post-dated cheque bearing No.263599, dated 10.08.2017, for Rs.1,00,000/- drawn on ICICI Bank Ltd., Sector-9, Rohini Branch, Delhi, being the payment of the aforesaid friendly loan amount in favour of the complain

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