Delhi High Court - Orders
Arsh Kumar vs State & Ors on 2 February, 2023
Author: Jasmeet Singh
Bench: Jasmeet Singh
$~16 & 17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.L.P. 274/2022 & CRL.M.A. 11445/2022
ARSH KUMAR ..... Petitioner
Through: Mr. Dhruuv Bhagat, Adv.
versus
STATE & ORS. ..... Respondent
Through: Mr. Ajay Vikram Singh, APP
Mr. Amit George, Mr. Mobashshir Sarwar, Mr.
Amol Acharya, Mr. Bharat Rayadurgam, Mr. Piyo
Herald, Advs. for R-2
17
+ CRL.L.P. 275/2022 & CRL.M.A. 1183/2023
ARSH KUMAR ..... Petitioner
Through: Mr. Dhruuv Bhagat, Adv.
versus
STATE & ANR. ..... Respondent
Through: Mr. Ajay Vikram Singh, APP
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
ORDER
% 02.02.2023 CRL.L.P. 274/2022 & CRL.L.P. 275/2022 These are applications filed seeking grant of leave against the impugned judgment dated 28.02.2022, wherein the respondent has been acquitted under Section 138 of the NI Act.
Mr. Bhagat, learned counsel has taken me through the different statements made by the respondent under Section 251 and 313 Cr.PC notice and his defence as well. It is stated that at all three places, the stand of the respondent has been shifting.
In addition, he has also shown me a statement made by the respondent in Court on 15.10.2014, wherein the respondent has agreed to settle his Signature Not Verified Digitally Signed byAMIT ARORA Signing Date:09.02.2023 10:46:32 dispute with the applicant for a sum of Rs. 19.5 lakhs.
Prima facie according to me, all these aspects have not been considered by the learned MM in the impugned order.
For the aforesaid reasons, the leave is granted and the appeal is directed to be "Numbered".
CRL.A._____/2023 & CRL.A._____/2023 (TO BE NUMBERED) The observations made hereinabove are only prima facie for the purpose of deciding the leave to appeal application and shall not have a bearing on the hearing of the appeal.
The appeal is "Admitted".
Both parties state that the issue involved will not consume much time and they will restrict their arguments to 15 minutes each. The appeals are directed to be listed for hearing on 11.07.2023 at 3 PM.
JASMEET SINGH, J FEBRUARY 2, 2023 / (MS) Click here to check corrigendum, if any Signature Not Verified Digitally Signed byAMIT ARORA Signing Date:09.02.2023 10:46:32