DILSHAD HUSSAIN vs PUSHPA DEVI

Judgment text excerpt

$~66 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 05.05.2025 + CRL.M.C. 3080/2025, CRL.M.A. 13645/2025 & 13644/2025 DILSHAD HUSSAIN .....Petitioner Through: Mr. Rajesh Kajla, Advocate versus PUSHPA DEVI .....Respondent Through: None CORAM: JUSTICE GIRISH KATHPALIA JUDGMENT (ORAL) 1. By way of this petition, brought under Section 528 BNSS (Section 482 CrPC), the petitioner seeks setting aside of order dated 20.11.2023 passed by the learned trial court in proceedings titled Pushpa Devi vs Dilshad Hussain under Section 138 Negotiable Instruments Act, whereby application of the petitioner under Section 311 CrPC was dismissed; and order dated 20.03.2025 of learned Court of Sessions in proceedings under Section 397 CrPC, refusing to interfere. Having heard, learned counsel for petitioner, I find it not a fit case to invoke inherent jurisdiction of this court in order to interfere with the impugned orders. CRL.M.C. 3080/2025 Page 1 of 13 pages GIRISH KATHPALIA Digitally signed by GIRISH KATHPALIA Date: 2025.05.05 19:46:47 +05'30' Signature Not Verified Digitally Signed By:NEETU N NAIR Signing Date:05.05.2025 20:16:59 2. Briefly stated, circumstances leading to the present petition are as follows. 2.1 The petitioner, facing trial under Section 138 Negotiable Instruments Act filed an application under Section 311 CrPC before the Trial Court, seeking to summon records of another proceedings, titled Pushpa Devi vs Lucky Singh Siddhu under Section 138 Negotiable Instruments Act, contending that the said records would establish falsity of the case of the complainant. The application was strongly opposed by the counsel for complainant (respondent herein), contending that the application was a dilatory tactic and not maintainable since the record sought to be summoned