Indian Kanoon - Search engine for Indian Law

Delhi High Court - Orders

Devi Sharan Tyagi vs Raju Malhotra on 6 January, 2022

Author: Rajnish Bhatnagar

Bench: Rajnish Bhatnagar

                                                                       (VIA VIDEO CONFERENCING)

                            $~5
                            *        IN THE HIGH COURT OF DELHI AT NEW DELHI
                            +        CRL.L.P. 143/2021
                                     DEVI SHARAN TYAGI                                    ..... Petitioner
                                                  Through:           Mr. Rishipal Singh, Advocate.

                                                        versus

                                     RAJU MALHOTRA                                        ..... Respondent
                                                 Through:

                                     CORAM:
                                     HON'BLE MR. JUSTICE RAJNISH BHATNAGAR
                                                 ORDER

% 06.01.2022 CRL.M.A. 17612/2021 (for exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.

1. This is a petition filed by the petitioner under Section 378(4) Cr.P.C. whereby the petitioner is aggrieved of the order dated 28.07.2020 passed by learned Metropolitan Magistrate by virtue of which the complaint filed by the petitioner under Section 138 of the NI Act was dismissed.

2. It is submitted by learned counsel for the petitioner that the matter was settled between the parties, which is evident from the statements given by the petitioner - complainant as well as by the respondent - accused in the Court. It is further submitted that, however, later on, when matters pertaining to Section 138 NI Act were reshuffled on the ground of jurisdiction, in the subsequent Court, respondent backed out from his Signature Not Verified Digitally Signed By:KAMAL KANT MENDIRATTA Signing Date:09.01.2022 16:18 (VIA VIDEO CONFERENCING) undertaking given in the Court with respect to settlement between him and the petitioner to the tune of Rs.2,05,000/-, which the respondent had agreed to pay in two equal instalments. It is further submitted that petitioner had brought the aforesaid facts to the notice of the learned Metropolitan Magistrate, but the said contention was not considered by the learned Metropolitan Magistrate and the complaint of the petitioner was dismissed.

3. Issue notice to the respondent on steps being taken by the petitioner by all permissible modes, returnable on 22nd April, 2022.

RAJNISH BHATNAGAR, J JANUARY 6, 2022 AK Signature Not Verified Digitally Signed By:KAMAL KANT MENDIRATTA Signing Date:09.01.2022 16:18