SHELLEY MARWAH vs STATE GOVT. OF NCT OF DELHI AND ANR.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 22.09.2025 Pronounced on: 17.12.2025 Uploaded on: 17.12.2025 + CRL.M.C. 1286/2025 & CRL.M.A. 5763/2025 STAY SHELLEY MARWAH .....Petitioner Through: Mr. Atul Sahi, Advocate. versus STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents Through: Mr. Yudhvir Singh Chauhan, APP. Mr. Raghav Sharma, Advocate for R-2 CORAM: HON'BLE MR. JUSTICE RAVINDER DUDEJA JUDGMENT RAVINDER DUDEJA, J. 1. This petition has been filed under Section 528 Bhartiya Nagrik Suraksha Sanhita, 2023 [“BNSS”](Section 482 CrPC), seeking quashing of the order dated 07.02.2025 [“impugned order”], passed by the Court of Learned JMFC, NI Act-02, (Cental), Tis Hazari Courts, Delhi [“trial court”], whereby the application under Section 311 Code of Criminal Procedure [“Code”] filed by the Petitioner, for CRL.M.C. 1286/2025 Page 1 of 10 Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Date:17.12.2025 18:59:41 summoning the record of Complaint Case bearing No.13981/2017 titled Ghanshyam Dass v. Rajesh Marwah was dismissed. 2. The brief facts are that the Complainant/Respondent No.2 filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 [“NI Act”] alleging that in October 2017 he advanced a sum of Rs.7,00,000/- (Rupees Seven Lakh Only) to the Petitioner, who in discharge of liability issued a cheque bearing no. 288933 dated 22.11.2017 drawn on ICICI Bank. The cheque was dishonoured with remarks “Funds Insufficient”. Despite legal notice, payment was not made, leading to filing of Complaint Case No.134/2018. 3. During trial, the petitioner sought to summon the record of another case Complaint Case bearing No. 13981/2017 (Ghanshyam Dass v. Rajesh Marwah) where Respondent No.2 had appeared as attorney and allegedly admi