OM SARAN GUPTA vs NISHI @ NISHI JAIDKA

Judgment text excerpt

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision:12th March, 2025 + CRL.M.C. 249/2025 Om Saran Gupta S/o Late Sh. Sita Ram Gupta D-1/12, Goyal Complex, Badarpur Border, South-East Delhi, New Delhi-110044 ….Petitioner Through: Mr. Ashish Gupta, Advocate. versus Nishi @ Nishi Jaidka Ex-wife of Sh. Jitender Jaidka R/o 265, LIG Flat, Pocket-3, Paschim Puri, West Delhi, New Delhi-110063 ….Respondent Though: Counsel for Respondent (appearance not given) CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T (oral) 1. The Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘B.N.S.S.’) has been filed on behalf of Petitioner, Mr. Om Saran Gupta, for setting-aside the Order dated 12.09.2024 in Criminal Revision No. 330/2024 under Section 379 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.P.C.’) whereby the Order dated 23.02.2024, passed by the learned Metropolitan Signature Not Verified Digitally Signed CRL.M.C. 249/2025 Page 1 of 9 By:VIKAS ARORA Signing Date:20.03.2025 18:38:39 Magistrate dismissing the Application under Section 195 read with Section 340 of Cr.P.C., has been upheld. 2. Briefly stated, the Petitioner had been acquitted of the offence under Section 138 of the Negotiable Instrument Act, 1881 (hereinafter referred to as ‘N.I. Act’) in Complaint Case No. 8807/2016 filed against him by the Respondent, Ms. Nishi Jain, vide Judgment and Order dated 20.07.2020, passed by the learned Metropolitan Magistrate. 3. The Petitioner then filed an Application under Section 195 of Cr.P.C. read with Section 340 of Cr.P.C. on the ground of the Respondent having deliberately and deceptively filed a false Affidavit of evidence, Ex.CW-1/A, and tampered and forged Acknowledgment Card (