BHUPINDER SINGH JOLLY vs SURAJ PRAKASH CHOPRA

Judgment text excerpt

$~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 12.03.2025 + CRL.M.C. 1751/2025, CRL.M.A. 7955-7956/2025 BHUPINDER SINGH JOLLY .....Petitioner Through: Mr. Anil Sharma, Mr.Jaspreet Singh and Mr. Ravinder, Advs. versus SURAJ PRAKASH CHOPRA .....Respondent Through: None. CORAM: HON'BLE MS. JUSTICE SHALINDER KAUR SHALINDER KAUR, J. (ORAL) 1. The present petition under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2024 (BNSS)/ Section 482 of the Code of Criminal Procedure, 1973 (CRPC) has been filed impugning the Orders dated 29.02.2024 and 26.09.2024. Vide the Order dated 26.09.2024, the learned Principal District and Sessions Judge (PD&SJ), Patiala House Court, New Delhi in Crl. Rev. No.323/24 dismissed the Revision Petition filed by the petitioner herein, against the Order of Interim Compensation under Section 143A of the Negotiable Instruments Act, 1881 (NI Act) passed by the learned Trial Court (Court of the first instance) in CC No.15049/23 on 29.02.2024. 2. The facts giving rise to the present petition are that the Respondent/Complainant had made a complaint under Section 138 of the NI Act, alleging that the parties were engaged in the Real Estate Signature Not Verified Digitally Signed CRL.M.C. 1751/2025 Page 1 of 7 By:NEELAM Signing Date:17.03.2025 19:14:32 business for the past few years. As a dispute arose between the two, a mutual agreement was entered into between the parties vide the settlement agreement dated 23.03.2021. 3. The respondent further alleged that the petitioner had admitted all his liabilities towards him and in discharge of his liabilities, the petitioner handed the respondent 12 cheques for the re-payment of an amount of Rs.1,99,00,000/-. When the respondent deposited the said cheques with his banker for encashment, the