DINESH KUMAR vs SUBHASH SINGH

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 26th March, 2025 Pronounced on: 3rd July, 2025 + CRL.REV.P. 753/2016 & CRL.M. (BAIL) 2065/2016 DINESH KUMAR .....Petitioner Through: Mr. M. P. Chaudhary, Advocate. versus SUBHASH SINGH .....Respondent Through: Mohd. Furkan, Advocate (through VC). CORAM: HON'BLE MR. JUSTICE AMIT SHARMA JUDGMENT AMIT SHARMA, J. 1. The present petition under Sections 397 and 401 read with Section 482 of the Code of Criminal Procedure, 1973, (for short, ‘CrPC’) has been filed seeking the following prayers: - “i] Call the record of the Trial court. ii] And whereby set aside the impugned order of the Ld. Add. Session Judge dated 03/10/2016 passed in Criminal Appeal bearing no 54289/2016 titled as "Sh.Dinesh Kumar V/S Subhash Singh" iii] Pass any other or further order in favour of the petitioner which this Hon'ble Court may deem fit and proper in the facts and circumstances of this case. Signature Not Verified Digitally Signed By:BHASKAR SINGH RAWAT CRL.REV.P. 753/2016 Page 1 of 21 Signing Date:03.07.2025 11:58:45 FOR THIS ACT KINDNESS THE PETITIONER SHALL EVER PRAY.” 2. The present petition has been filed assailing the judgment of conviction dated 03.10.2016 in Criminal Appeal No. 54289/2016 passed by learned Additional Sessions Judge/Special Judge (NDPS), West District, Tis Hazari Courts, Delhi, whereby the learned Appellate Court has upheld the conviction and order on sentence of the present petitioner, for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, (for short, ‘NI Act’) and dismissed the said appeal. 3. Learned Trial Court had convicted the petitioner in Complaint Case No.1082/1 vide judgment of conviction dated 17.10.2015 and order on sentence dated 18.11.2015 for the offence punishable under