MANISH JHA vs STATE OF GNCTD & ORS

Judgment text excerpt

$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 27th February, 2025 + CRL.M.C. 5118/2017 MANISH JHA S/o Shri Gunanand Jha, Resident of C-5/12, Gali no. 1, Dheeraj Nagar, Part ii, Faridabad, Haryana. Through: Mr. Deepak Pathak, Advocate Versus 1. STATE OF GNCTD Through Standing Counsel 2. SMT. SUNITA JHA W/o Shri Virdner Kumar Jha R/o B-273, Gurdwara Road Sangam Vihar, New Delhi 3. SMT. RUPAM JHA W/o Shri Mrituyanjay Jha R/o B-345 Sangam Vihar Near block B Block Gurdwara Sangam Vihar 4. SHRI MRITYUNJAY JHA R/o B-345 Sangam Vihar Near B Block Gurdwara Sangam Vihar New Delhi .....Respondents Through: Mr.Shoaib Haider, Additional Public Prosecutor for Respondent- State Signature Not Verified 1 Digitally Signed By:VIKAS ARORA Signing Date:28.02.2025 18:31:38 CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T (oral) 1. The present Petition under Section 482 Cr.P.C. read with Article 227 of the Constitution of India has been filed for quashing of summoning order dated 21.08.2017 passed by the learned Metropolitan Magistrate. 2. It is submitted in the Petition that the Complainant had filed the Complaint against the Petitioner alleging that a cheque bearing No. 9915505 was issued by the Petitioner on his account maintained at Canara Bank, Hauz Khan Branch, New Delhi for an amount of Rs.9,10,000/- in favour of the Complainant under a self written receipt of the Complainant dated 19.02.20213 towards the liability of the loan taken by brother and sister-in-law of the Petitioner i.e. Respondents No.3 & 4. 3. The Cheque was allegedly taken away by Respondent No.3 after about one year. The Complainant has not annexed the Cheque or the copy thereof before the Trial Court and made pre-summoning deposition of cheating. The falsity and fraudulent statement