Geeta vs Anita & Anr on 21 January, 2021

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Delhi High Court - Orders

Geeta vs Anita & Anr on 21 January, 2021

Bench: Mukta Gupta

                                      $~43
                                      *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                      +      CRL.L.P. 8/2021
                                             CRL.M.A.884/2021 (delay)
                                             CRL.M.A.883/2021 (exemption)
                                             GEETA                                                ..... Petitioner
                                                          Represented by:        Mr. Karan Sachdeva, Adv.

                                                                 versus

                                             ANITA & ANR.                              ..... Respondent
                                                      Represented by: Mr. Amit Gupta, APP for State.
                                             CORAM:
                                             HON'BLE MS. JUSTICE MUKTA GUPTA
                                                                 ORDER

% 21.01.2021 The hearing has been conducted through Video Conferencing. CRL.M.A.883/2021 (exemption) Exemption allowed subject to just exception. CRL.M.A.884/2021 (delay)

1. By this application the petitioner seeks condonation of delay of 83 days in filing leave to appeal petition.

2. Notice be issued to the respondent No.1 on the petitioner taking steps through e-mail/SMS/Whatsapp/speed post and courier returnable before this Court on 7th May, 2021.

CRL.L.P. 8/2021

1. Learned counsel for the petitioner states that the defence of the accused during the course of trial was that cheques in question were not given for repayment of friendly loan but as security, however neither did the respondent cross-examine the petitioner's witnesses nor did she lead any Signature Not Verified Digitally Signed By:SANDEEP KUMAR CRL.L.P. 8/2021 Page 1 of 2 Signing Date:21.01.2021 22:27:38 This file is digitally signed by PS to HMJ Mukta Gupta evidence. Hence, the so-called defence of the respondent is not made out. Respondent has been acquitted merely on the ground that the petitioner failed to place on record receipts in respect of the friendly loan given by the complainant to the accused and the defence of the respondent which is based on no evidence.

2. Issue notice to the respondent No.1 on the petitioner taking steps through e-mail/SMS/Whatsapp/speed post and courier returnable before this Court on 7th May, 2021.

3. In the meantime soft copy of the Trial Court Record be called for by the Registry.

4. Order be uploaded on the website of this Court.

MUKTA GUPTA, J.

JANUARY 21, 2021 'ga' Signature Not Verified Digitally Signed By:SANDEEP KUMAR CRL.L.P. 8/2021 Page 2 of 2 Signing Date:21.01.2021 22:27:38 This file is digitally signed by PS to HMJ Mukta Gupta

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Delhi High Court - Orders