Delhi High Court - Orders
Sunil Kumar vs Anshul Bansal on 24 January, 2023
Author: Jasmeet Singh
Bench: Jasmeet Singh
$~16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.L.P. 718/2018
SUNIL KUMAR ..... Petitioner
Through: Mr Sameer Chandra, Adv.
versus
ANSHUL BANSAL ..... Respondent
Through: Mr Pawan Sharma, Adv.
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
ORDER
% 24.01.2023 This is an application seeking leave to appeal under Section 378 (4) Cr.P.C to challenge the judgment dated 16.08.2018 passed by the learned MM, South-West District, Dwarka Courts, New Delhi in C.C. No. 4991392/2016 titled „Sunil Kumar v. Anshul Bansal‟ thereby acquitting the respondent under Section 138 of the Negotiable Instruments Act, 1881.
It is stated by Mr Chandra, learned counsel for the applicant that as per the cross-examination of the respondent, it is stated that the respondent had given a cheque to Mr Umesh Sirohi and not to applicant for not proceeding with 82 Cr.P.C proceedings against the respondent.
The same is denied by Mr Pawan Sharma, learned counsel for the respondent who states that a comprehensive reading of the evidence would show that the stance of the respondent is that the cheque was given to Mr Umesh Sirohi as repayment of loan which has been misused by the petitioner. Further, as per the impugned order, the petitioner has not been Signature Not Verified Digitally Signed byAMIT ARORA Signing Date:27.01.2023 12:01:11 able to show the funds for granting friendly loan of Rs 14 lakhs or as to why he would advance a loan of Rs 14 lakhs to the respondent when his brother- in-law is already prosecuting complaints under Section 138 of the Negotiable Instruments Act.
Prima facie, I am of the view that in the present case, the leave to appeal needs to be granted as the matter requires consideration of the entire evidence. The factum of cheque being given to Umesh Sirohi for not proceeding with Section 82 Cr.P.C proceedings seems improbable. In this view of the matter, the application seeking leaving to appeal is allowed and the appeal is directed to be numbered.
CRL.A __________ (to be numbered) For the reasons stated in the appeal, the appeal is admitted. To be listed in due course.
JASMEET SINGH, J JANUARY 24, 2023 sr Click here to check corrigendum, if any Signature Not Verified Digitally Signed byAMIT ARORA Signing Date:27.01.2023 12:01:11