Ramesh Chander Sibal vs Subodh Singh & Anr on 12 December, 2024

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Delhi High Court - Orders

Ramesh Chander Sibal vs Subodh Singh & Anr on 12 December, 2024

Bench: Chandra Dhari Singh

                           $~156
                           *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                           +     CRL.L.P. 608/2024
                                 RAMESH CHANDER SIBAL                        .....Petitioner
                                                  Through: Mr. Mahinder Singh and Mr. Vipin,
                                                           Advocates
                                                  versus
                                 SUBODH SINGH & ANR.                        .....Respondents
                                                  Through: None
                                 CORAM:
                                 HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
                                                                           ORDER

% 12.12.2024 CRL.M.A. 37449/2024 (Exemption) Exemption allowed subject to just exceptions. The application stands disposed of.

CRL.M.A. 37448/2024 (Seeking condonation of delay in filing the criminal leave petition) & CRL.M.A. 37450/2024 (Seeking condonation of delay in re-filing the criminal leave petition)

1. The instant applications under Section 5 of the Limitation Act, 1963 and under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 have been filed on behalf of the applicant/petitioner seeking condonation of delay in filing and re-filing the captioned petition.

2. For the sufficient cause being shown in the application, the same are allowed and the delay of 22 days in filing the captioned petition and 14 days in re-filing the captioned petition are condoned.

3. Accordingly, the applications stand disposed of.

CRL.L.P. 608/2024

1. The instant criminal leave petition, under Section 419(4) of the This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/12/2024 at 05:59:02 Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter "BNSS") read with Section 528 of the BNSS, has been filed on behalf of the petitioner seeking the following reliefs:

"a. Call the record of the LD trial court and grant leave to appeal in this Hon‟ble court under section 419(4) of BNSS against the impugned judgment dated 7.08.2024 passed by MS MANSI MALIK , MM , NI ACT , TIS HAZARI COURT, NEW DELHI CCNo.21952/2016 AN CASE TITLED AS "RAMESH CHANDER SIBAL VS SUBODH SINGH & ANR "UNDER SECTION OF 138 OF NEGOTIABLE INSTRUMENT ACT. b. Accept the appeal and set-aside/quash the impugned judgment dated 7.08.2024 passed by MS MANSI MALIK , MM , NI ACT, TIS HAZARI COURT, NEW DELHI CCNo.21952/2016, IN CASE TITLED AS "RAMESH CHANDER SIBAL VS SUBODH SINGH & ANR " UNDER SECTION OF 138 OF NEGOTIABLE INSTRUMENT ACT and punish the respondent under provisions of Section 138 of N.I. act by directing imprisonment as well as imposition of penalty and fine to compensate the petitioner.

c. Any other or further order which this Hon‟ble Court deems fit and proper may also be passed in favour of the petitioner and against the respondent."

2. Heard.

3. Issue notice to the respondents through all permissible modes on filing PF within one week.

4. List on 19th March, 2025.

CHANDRA DHARI SINGH, J DECEMBER 12, 2024 gs/ryp Click here to check corrigendum, if any This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/12/2024 at 05:59:02

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Delhi High Court - Orders