MRS KANCHAN AGGARWAL vs EMIRATES BANK INTERNATIONAL PJSC & ORS

Judgment text excerpt

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 20th January, 2025 + CRL.M.C. 3692/2017, CRL.M.A. 15019/2017 MRS KANCHAN AGGARWAL W/o Mr. Ajay Aggarwal R/o D-147, Sector-26, Noida-201301 (Uttar Pradesh) .....Petitioner Through: Mr. Varun K. Chopra, Advocate. versus 1. EMIRATES BANK INTERNATIONAL PJSC A Public Joint Stock Company Incorporated under the Laws of United Arab Emirates, having its registered Office at DUBAI UNITED ARAB EMIRATES, POST BOX N.2923. And having its India office at: 104, Makers Chambers-VI, 10th Floor, 220, Nariman Point, Mumbai 400 021. 2. MR. AJAY AGGARWAL S/o Late Mr. Kedar Nath Aggarwal, R/o D-147, Sector 26, Noida-201301 (Uttar Pradesh) 3. MR. VIJAY AGGARWAL S/o Late Mr. Kedar Nath Aggarwal, R/o 502, Nav Jyoti Apartments, Gandhi Nagar, Civil Lines, Agra, Uttar Pradesh-282003. .....Respondents Through: Mr. Rajbir Singh Kundu and Mr. Signature Not Verified Digitally Signed By:VIKAS ARORA Signing Date:22.02.2025 CRL.M.C. 3692/2017 Page 1 of 4 13:20:20 Prakhar Kumar Londhi, Advocates. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T (oral) 1. A Criminal Misc. Case under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C”) read with Article 227 of the Constitution of India has been filed for setting aside of Order dated 10.08.2017 vide which the learned ACMM has permitted the Respondent/Complainant to adduce secondary evidence subject to cost of Rs.25,000/- to be deposited in the Court. 2. Learned counsel for the Respondent submits that the secondary evidence was sought to be led in respect of certain documents, the originals of which were not traceable. However, the Complainant has now been able to trace the original documents and the same would be proved in accordance with law