JAI MAHADEV AUTO DEALS THRU PROP. PRADEEP KUMAR GARG vs THE STATE NCT & ANR.

Judgment text excerpt

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 09.05.2025 + CRL.L.P. 127/2023 JAI MAHADEV AUTO DEALS THRU PROP. PRADEEP KUMAR GARG .....Petitioner Through: Mr. Krishan Kumar, Mr. Shivam Bedi, Advs. Versus THE STATE NCT & ANR. .....Respondents Through: Mr. Satish Kumar, APP for State. Mr. Ashutosh Kaushik, SC for R-2. CORAM: HON'BLE MS. JUSTICE SHALINDER KAUR SHALINDER KAUR, J (ORAL) 1. The present criminal leave petition has been filed by the Petitioner under Section 378(4) read with Section 482 of the Code of Criminal Procedure, 1973 („Cr.P.C.‟), assailing the Order dated 31.10.2022, whereby the Complaint filed by the Petitioner under Section 138 of the Negotiable Instruments Act (“N.I. Act”), 1881, was dismissed for non-prosecution by the learned Metropolitan Magistrate (NI-Act) (“MM”), East District, Karkardooma Court, New Delhi. 2. The facts giving rise to the present petition, briefly stated, are that the Petitioner had rented out two Transport Service Rickshaws to Signature Not Verified Digitally Signed CRL.L.P. 127/2023 Page 1 of 5 By:NEELAM Signing Date:19.05.2025 17:02:53 Respondent No. 2, one from 02.09.2019 to 01.01.2021 at ₹12,450/- per month, and another from 10.10.2019 to 09.01.2021 at ₹10,500/- per month. Against the total outstanding rental dues of ₹3,24,350/-, Respondent No. 2 paid only a sum of ₹32,350/-. Consequently, due to persuasion, the Respondent no. 2 issued a cheque of the said amount in favour of the Petitioner, which was dishonoured on presentation. Owing to the subsequent failure of Respondent No. 2 to comply with the legal demand notice for payment of the remaining dues, the Petitioner initiated proceedings under Section 138 of the N.I. Act. 3. During the course of the trial, Respondent No. 2 appeared pursuant to the ser