OM DUTT SHARMA vs RAM KUMAR JHA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 27th March, 2025 Pronounced on: 27th June, 2025 CRL.A. 425/2025 OM DUTT SHARMA S/o Sh. B. R. Sharma, R/o B-127-128, Swaroop Nagar, Delhi – 110042 .....Petitioner Through: Mr. A. K. Tripathi, Advocate. versus RAM KUMAR JHA S/o Sh. Shiv Narayan Jha, R/o B-125-A, Gali No. 12, Swaroop Nagar, Delhi – 110042 .....Respondent Through: Mr. Shashi Kant, Mr. Ashlam Shah, Mr. Dushyant Bhargava, Mr. Sunil Kumar and Mr. Mohd. Tarheed, Advocates. 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 of the Code of Criminal Procedure, 1973 (Cr.P.C.) has been filed on behalf of the Appellant/ Complainant, Om Dutt Sharma seeking Leave to Appeal against the Judgment dated 10.12.2018 vide which the learned M.M., North District, Signature Not Verified Signed By:RITA CRL.A. 425/2025 Page 1 of 12 SHARMA Signing Date:30.06.2025 18:23:40 Rohini Courts, Delhi, has acquitted the Respondent/Accused, Ram Kumar Jha under Section 138 of NI Act, 1881. 2. Briefly stated, CC No. 271/2016 titled Om Dutt Sharma vs. Ram Kumar Jha, under Section 138 NI Act, PS: Samaypur Badli was filed by the Appellant Om Dutt Sharma as SPA holder of Smt. Savitri Devi (owner of the property No.B-125-A, Gali No. 12, Swaroop Nagar, Delhi – 110042) against the Respondent Ram Kumar Jha, alleging him to be the tenant in the said property. 3. The Appellant claimed that the Respondent/tenant was in arrears of rent for 26 months. On 21.02.2016, the matter was compromised between them and the Respondent had given a cheque of Rs.1,30,000/- dated 22.02.2016 drawn on Vijaya Bank, Samaypur Badli Branch, in discharge of his legal liability. However, on presentation, the said cheque was dishonoured vide Memo dat