NITESH YADAV vs STATE NCT OF DELHI & ANR.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 3rd March, 2025 Pronounced on: 10th March, 2025 + CRL.M.C. 1140/2021 NITESH YADAV .....Petitioner Through: Mr. Shafiq Khan, Advocate Versus STATE NCT OF DELHI & ANR. .....Respondents Through: Mr. Ajay Vikram Singh, Additional Public Prosecutor for Respondent- State Mr. Rajpal Singh & Mr. Rohit Kumar, Advocates for Respondent No.2 CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T NEENA BANSAL KRISHNA, J. 1. The Criminal Misc. (Main) Petition under Section 482 of the Code of Criminal Procedure, 1973 („Cr.P.C.‟ hereinafter) read with Article 227 of the Constitution of India has been filed seeking setting aside of Order dated 17.02.2021 of the learned Additional Sessions Judge in Crl. Revision Petition No. 260/2018, set aside the Order dated 24.09.2019 of learned Metropolitan Magistrate directing summoning of Respondent No.2 – Sonu Rana, and discharged him in theComplaint under Section 138 of the Negotiable Instruments Act, 1881 (henceforth referred to as the „NI Act‟) Signature Not Verified CRL.M.C. 1140/2021 Page 1 of Digitally Signed By:VIKAS ARORA 10 Signing Date:10.03.2025 19:21:43 2. Briefly stated, the Complainant, Nitesh Yadav filed a Complaint under Section 138 of the NI Act was filed against Respondent No.2 Sonu, on the averments that a cheque of Rs. 4,65,000/- issued in discharge of a loan liability of Rs.5,00,000/- granted to Respondent No.2- Sonu Rana through his Cousin Brother – Abhishek Malik, on presentation got dishonoured with the remarks “payment stopped by the Drawer”. 3. Respondent No.2- Sonu Rana was summoned on 24.09.2019. He sought discharge under Section 138 NI Act on the ground that the cheque in question had an over written date which is a material alteration rendering the cheq