PARAS NATH JHA vs HARJEET SINGH

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 12.08.2025 + CRL.M.C. 57/2025 & CRL.M.A. 260/2025 PARAS NATH JHA .....Petitioner Through: Mr. Varun Dhingra, Advocate. versus HARJEET SINGH .....Respondent Through: Mr. Anil Kumar Tripathi and Mr. Mohit Sharma, Advocates. CORAM: HON'BLE DR. JUSTICE SWARANA KANTA SHARMA JUDGMENT DR. SWARANA KANTA SHARMA, J 1. The present petition has been filed seeking setting aside of the order dated 19.12.2024 [hereafter ‗impugned order‘] passed by learned JMFC (NI Act), South-West District, Dwarka, Delhi [hereafter ‗Magistrate‘] in CC. No. 46875/2018, titled ―Harjeet Singh v. Paras Nath Jha‖, vide which the application filed by the petitioner under Section 311 of the Code of Criminal Procedure, 1973 [hereafter ‗Cr.P.C.‘] seeking the recall of the complainant (respondent herein) was dismissed. 2. Brief facts of the present case, as evident from the complaint filed in this case, are that the petitioner had borrowed a friendly cash CRL.M.C. 57/2025 Page 1 of 9 Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:13.08.2025 17:07:31 loan of Rs. 10,00,000/- from the respondent on 09.07.2016, owing to which he had executed a promissory note in favour of the respondent. Later, upon several persuasions by the respondent, he had issued a cheque of Rs. 10,00,000/- bearing no. 000002 dated 22.10.2018 drawn on HDFC Bank, RG Complex, Sector-9, Rohini, New Delhi, strongly assuring the respondent of the payment. However, it is alleged that when the respondent had presented the cheque to his banker, i.e. ICICI Bank, Janakpuri, New Delhi for encashment in his account no. 008701006458 on 22.10.2018, to his utter shock and dismay, the cheque had been returned dishonoured with the remarks ―Funds Insufficient‖, based o