ANMOL RATTAN BAKSHI vs SH. SUBHASH CHAND RASTOGI

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 4th April, 2025 Pronounced on: 30th June, 2025 + CRL.L.P. 95/2021 ANMOL RATTAN BAKSHI S/o Shri Som Raj Bakshi R/o Brisk Lumbini Apartments, Flat No.D-073, Sector-109, Dwarka Expressway, Gurugram-122017 Mob: 9811017835 Email: [email protected] .....Petitioner Through: Mr. Sanjeev Kumar, Advocate. versus SH. SUBHASH CHAND RASTOGI S/o Late Gouri Shankar Rastogi R/o House No.23, Street No.1, Sarpanch Wara, Mandavali, Delhi-110092 Mob. No.9818112772 .....Respondent Through: Mr. Sarvesh Kumar, Advocate CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T NEENA BANSAL KRISHNA, J. CRL.L.P. 95/2021 1. The Leave Petition under Section 378 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.PC) has been filed on behalf Signature Not Verified Signed By:RITA Page 1 of 22 SHARMA Signing Date:04.07.2025 18:31:50 of the Petitioner/Complainant, Mr. Anmol Rattan Bakshi against the Judgment dated 30.01.2021 of the learned Metropolitan Magistrate, South- West Delhi, Dwarka, New Delhi, dismissing the Complaint under S.138 Negotiable Instrument Act, 1881 (hereinafter referred to as ‘N.I. Act’). 2. For the reasons stated, the Leave Petition is allowed and the same is disposed of accordingly. CRL. A................/2025 (to be numbered) 3. Criminal Appeal under Section 378 of the Code of Criminal Procedure, 1973, has been filed on behalf of the Appellant/Complainant, Mr. Anmol Rattan Bakshi, against the Judgment dated 30.01.2021 of the learned Metropolitan Magistrate, New Delhi, who has dismissed the Complaint bearing CC No. 5109/2017 under Section 138 of the N.I. Act. 4. The Complainant in his Complaint had averred that he had family relations with the Respondent/Accused, for last 3-4 years. On various