GEETA vs ANITA & ANR.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 24th February, 2025 Pronounced on: 26th May, 2025 + CRL.L.P. 8/2021 GEETA W/o Sh. Bhupinder Singh Fauji R/o H. No. 298, Geeta Bhawan, VPO, Prahladpur, Delhi. .....Petitioner Through: Mr. Karan Sachdeva, Advocate. versus 1. ANITA W/o Rakesh, R/o H. No. 111, Bank Wali Gali, Balmiki Mohalla, VPO Preladpur Bangar, Delhi. 2. The State (NCT of Delhi) .....Respondents Through: Mr. Shoaib Haider, APP for the State. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T NEENA BANSAL KRISHNA, J. CRL.M.A. 884/2021 1. An Application under Section 5 of the Limitation Act, 1963 read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.P.C.’) has been filed on behalf of the Appellant/Geeta for condonation of delay of 83 days in filing the Appeal. CRL.L.P. 8/2021 Page 1 of 8 Signature Not Verified Signed By:VIKAS ARORA Signing Date:26.05.2025 17:35:06 2. It is submitted that due to some miscommunication between the Complainant and the counsel the delay of 83 days happened in filing the Leave to Appeal. 3. For the reasons stated in the Application, the delay of 83 days in filing the Leave to Appeal is condoned and the Application is allowed. 4. Application stands disposed of. CRL.L.P. 8/2021: 5. Leave to Appeal under Section 378 Cr.P.C. has been filed by the Petitioner/Geeta against the Order of Acquittal dated 26.07.2020 in CC No.10930/2016, whereby, Respondent No.1/Anita has been acquitted under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as ‘N.I. Act’). 6. The Complainant/Geeta asserted in her in a Complainant under Section 138 N.I. Act, that Respondent No.1 is her friend, to whom she had given a friendly loan Rs.8,50,000/- in the month of September,