MOHD. IRSHAD vs PARTAP SINGH

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 08th May, 2025 Pronounced on: 14th July, 2025 + CRL.A.688/2025 MOHD. IRSHAD S/o Mohd. Rahimuddin R/o House No.2603, First Floor, Gali Mandir Wali, Shankar Gali, Sita Ram Bazar, Delhi-110006 .....Appellant Through: Mr. F.K. Jha & Mr.Gaurav Jha, Advocates Versus PARTAP SINGH Prop, of M/s Fridge Aircon System S-86, Santhalka Shopping Complex, Phase-Ill, RIICO Industrial Area, Bhiwadi, Alwar, Rajasthan .....Respondent Through: Mr. Rahul Ahlawat, Advocate CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T NEENA BANSAL KRISHNA, J. 1. Criminal Appeal under Section 378(4) of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”) read with Section 482 Cr.P.C. has been filed by the Appellant/Complainant, Mohd. Irshad to challenge the Order dated 31.01.2019 of the Ld. M.M. vide which the Respondent/Accused, Partap Singh has been acquitted for the offence under Signature Not Verified Signed By:ANIL CRL.A.688/2025 Page 1 of 12 KUMAR BHATT Signing Date:17.07.2025 18:13:17 Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as “N.I. Act”). 2. Briefly stated, the Complaint Case No.513649/2016 under Section 138 N.I. Act was filed by the Appellant/Complainant on 07.05.2013. The Respondent/Accused was engaged in the business of Sales, Services, AMC and Spare Parts of Air Washer, AHU, Refrigerator, Display Cabinet, FCU, Chiller, Condensers, Central A.C. Plant, Oil Chiller, Insulation, Ducting, Cooling Tower etc. The Appellant/Complainant on the other hand, was engaged in the business of purchase of old goods/used items of the above mentioned goods and after removing the defects and repairing them, he used to sell them in the market. 3. During the business tenure, the Appellan