KAMAL TALWAR vs STATE (NCT OF DELHI) & ANR

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of order: 18th February, 2025 + CRL.L.P. 114/2017 KAMAL TALWAR .....Petitioner Through: Mr. Abinash K. Mishra and Mr. Gaurav Kr. Pandey, Advocates versus STATE (NCT OF DELHI) & ANR .....Respondents Through: Mr. Satish Kumar, APP for the State Mr. Kumar Vaibhaw, Mr. Mohd. Ashaab and Ms. Somaya Gupta, Advocates for R-2 CORAM: HON'BLE MR. JUSTICE CHANDRA DHARI SINGH ORDER CHANDRA DHARI SINGH, J (Oral) 1. The instant petition under Section 378(4) of the Code of Criminal Procedure, 1973 (hereinafter “Cr.P.C.”) read with Section 482 of Cr.P.C. has been filed on behalf of the petitioner challenging the order dated 3rd November, 2016 (hereinafter “impugned order”) passed by the learned Metropolitan Magistrate, Karkardooma Courts, Delhi (hereinafter “MM”), whereby the respondent no. 2 was acquitted of the charges framed under Sections 138/142 of the Negotiable Instruments Act, 1881 (hereinafter “NI Act”). 2. The brief facts of the case are that the petitioner has allegedly Signature Not Verified Digitally Signed CRL.L.P. 114/2017 Page 1 of 10 By:GAURAV SHARMA Signing Date:11.03.2025 15:34:42 advanced a friendly loan of Rs. 19,76,500/- to respondent no. 2, which was recorded in a loan agreement dated 19th December, 2009, executed between respondent no. 2 and one Rohit Dua. It is alleged that as per the agreement, respondent no. 2 acknowledged the loan liability and issued the cheque No. 738008, dated 5th December, 2011, drawn on Syndicate Bank, Shahdara Branch, Delhi, in favor of the petitioner regarding the aforesaid loan amount. The said cheque was presented for encashment at Canara Bank, Shankar Nagar, Delhi, however, the same was dishonored on 14th December, 2011 with the return memo stating “Account Closed.” 3. In response to