C. Lal Gupta vs Sujoy Gupta on 21 December, 2013
8. Judgment of Santosh Aggarwal (Supra) filed by defendant
is not applicable in facts and circumstances of present case. It
is not case of defendant that copies of complaint/evidence
certified copies of which have been filed by him alongwith
present application were not in knowledge and possession of
defendant prior to date of filing of present application. Defendant
is himself accused in both the complaints referred to by him in
his application. Certified copy of affidavit of plaintiff in CC No.
468/01 as filed by defendant with present application shows that
affidavit has been attested on 16.10.2010 and certified copy has
been obtained by defendant on 03.03.2012. Certified copy of
complaint under Section 138 NI Act as filed by defendant with
present application in CC No. 4605/04 shows that complaint is
CS No. 58/11 Page No. 4 of 6
dated 21.09.2010. It is not case of defendant that he appeared
in both the above mentioned criminal complaints just before
28.09.2013 i.e. date of filing of present application.