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2026 Supreme(Online)(Del) 1098

IN THE HIGH COURT OF DELHI AT NEW DELHI
Chandrasekharan Sudha, J
Reeta Gupta – Appellant
Versus
Nishi Rastogi – Respondent
CRL.L.P. 1/2026 | CRL.M.A. 138/2026 | CRL.M.A. 140/2026 | CRL.M.A. 139/2026 | CA NO. 65/2021 | CRL.A. No....... /2026



Advocates:
For the Appellants/Petitioners:
For the Respondents: SI Neeraj, PS – Kotwali

The court exercised its discretion to condone a 29-day delay in filing an appeal and granted leave to appeal under the Bharatiya Nagarik Suraksha Sanhita, 2023, regarding an acquittal for a dishonoured cheque.

Headnote:The case involves a petition seeking leave to appeal under S. 419 of the Bharatiya Nagarik Suraksha Sanhita, 2023, challenging an acquittal for an offence under S. 138 of the Negotiable Instruments Act, 1881. The petitioner requested condonation of a 29-day delay in filing the appeal. The court granted the application for condonation of delay and allowed the leave petition. The primary issue is whether sufficient grounds exist to condone the delay in filing the appeal and whether the leave petition warrants acceptance. The court, while exercising its discretion to condone delay and grant leave, determined that the matter should be admitted for further adjudication. The leave petition is allowed, and the Registry is directed to register the matter as a criminal appeal and issue notice to the respondent.

Table of Content
1. procedural compliance for exemption applications. (Para 1 , 5)
2. discretionary condonation of delay under the limitation act. (Para 3 , 4)
3. granting leave to appeal against acquittal. (Para 6 , 7)
4. registration of appeal and court directions for notice. (Para 8 , 9 , 10)

O R D E R

CRL.M.A. 138/2026 and CRL.M.A. 140/2026

1. Exemption allowed, subject to all just exceptions.

2. The application stands disposed of.

CRL.M.A. 139/2026

3. This application under Section 5 of the Limitation Act, 1963, read with Sections 419 and 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), has been filed on behalf of the appellant seeking condonation of delay of 29 days in filing the appeal.

4. For the reasons stated in the application, the same is allowed, and the delay of 29 days in filing the appeal is condoned.

5. The application stands disposed of.

CRL.L.P. 1/2026

6. This criminal leave petition under Section 419 of the BNSS has been filed by the original complainant/appellant seeking leave to file an appeal against the impugned judgment dated 09.09.2025 passed by the learned ASJ-04, East District, Karkardooma Courts, Delhi in CA NO. 65/2021, by which the respondent has been acquitted in a complaint under Section 138 of the Negotiable Instruments Act, 1881.

7. Leave petition is allowed.

CRL.A. No....... /2026 (to be numbered)

8. The Registry is directed to register the present matter as a criminal appeal and assign it a number accordingly.

9. Admit.

10. Issue notice to the respondent through all permissible modes, returnable on 13.04.2026.

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