S.C. BAJAJ vs STATE & ANR.

Judgment text excerpt

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 01.04.2025 + CRL.L.P. 637/2019 & CRL.M.A. 41142/2019, CRL.M.A. 5527/2021 S.C. BAJAJ ..... Petitioner versus STATE & ANR. ..... Respondents + CRL.L.P. 638/2019 & CRL.M.A. 41161/2019 S.C. BAJAJ ..... Petitioner versus STATE & ANR. ..... Respondents Advocates who appeared in this case: For the Applicant : Mr. Murari Tiwari, Ms. Nimisha Gupta, Mr. Pranshu Prakash and Mr. Rahul Kumar, Advs. For the Respondent : Mr.Naresh Kumar Chahar, APP for the State Mr. Rajesh Banati, Mr. Ashish Sareen, Mr. Adil Asghar and Mr. Harsh Gupta, Advs. for R-2 CORAM HON’BLE MR JUSTICE AMIT MAHAJAN JUDGMENT CRL.L.P. 637/2019 & CRL.L.P. 638/2019 1. The present leaves to appeal are filed against the judgement dated 30.08.2019 (hereafter ‘impugned judgement’) passed by the learned Signature Not Verified Signed By:DEEPANSHU Signing Date:09.04.2025 19:52:04 CRL.L.P. 637/2019 & CRL.L.P. 638/2019 Page 1 of 16 Metropolitan Magistrate (‘MM’), Saket Courts, New Delhi in Complaint Cases Nos. 521120/2016 and 632692/2016, whereby Respondent No. 2 was acquitted of the offence under Sections 138 and 142 of the Negotiable Instruments Act, 1881 (‘NI Act’) 2. For the reasons discussed below, leaves to appeal are granted. CRL.A.________/2025 (to be numbered) and CRL.A.________/2025 (to be numbered) 3. The two complaints under Sections 138 and 142 of the NI Act were filed at the instance of the complainant/ appellant. It is averred that the accused/ Respondent No. 2 is known to the appellant for many years as both have their factories in the same complex in Okhla, Delhi. It is alleged that the appellant advanced a friendly loan of ₹5,00,000/- in cash to Respondent No. 2, in the month of April, 2015 after arranging the same from one of his friends namel