ADITI SINGH vs AMARENDRA DHARI SINGH

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 11th February, 2025 Pronounced on: 16th April, 2025 + CRL.M.C. 6436/2023 & CRL.M.A. 24156/2023 ADITI SINGH .....Petitioner Through: Mr. Aditya Dewan and Mr. Sahil Chandra, Advs. versus AMARENDRA DHARI SINGH .....Respondent Through: Mr. Madhav Khurana, Sr. Adv. Mr. Mohd. Shakeib Naru, Ms. Trisha Mittal, Ms. Femitha Fathima, Ms. Shaurya Singh, Advs. CORAM: HON'BLE MR. JUSTICE AMIT SHARMA JUDGMENT AMIT SHARMA, J. 1. The present petition under Section 482 of the Code of Criminal Procedure, 1973, (for short, ‘CrPC’) has been filed seeking the following prayers:- “a. Quash and set aside the Order dated 13.09.2022 passed in Criminal Complaint no. 6073/2022 titled as Amarendra Dhari Singh vs. Aditi Singh pending before the Ld. MM (NI ACT) South-East, Saket Courts, New Delhi; and Signature Not Verified Digitally Signed By:SHIWANI NEGI CRL.M.C. 6436/2023 Page 1 of 18 Signing Date:18.04.2025 15:57:07 b. Quash and set aside the Criminal Complaint no. 6073/2022 (filed by the Respondent under Section 138 of the Negotiable Instruments Act, 1881) and pending before the Ld. MM (NI ACT) South-East, Saket Courts along with all consequential proceedings arising thereto, and/or c. Pass any such order or orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.” 2. The petitioner is facing trial in CC No. 6073/2022 titled as “Amarendra Dhari Singh v. Aditi Singh” for offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to ‘NI Act’). The respondent herein who is supposedly maternal uncle of the present petitioner had filed the aforesaid complaint with respect to dishonour of a cheque bearing No. 000118 dated 30.03.2022 for an amount of Rs. 5,00,00,000/