ARCHANA CHAUDHARY vs HARSH DAWAR

Judgment text excerpt

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 28.10.2025 + CRL.M.C. 1412/2025 & CRL.M.A. 6248/2025 ARCHANA CHAUDHARY .....Petitioner Through: Mr. Mohammad Ziauddin, Adv. (through VC) versus HARSH DAWAR .....Respondent Through: Mr. Kamlesh Jha, Advocate (through Video-conferencing) CORAM: HON'BLE DR. JUSTICE SWARANA KANTA SHARMA JUDGMENT DR. SWARANA KANTA SHARMA, J. (Oral) 1. The present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [hereafter „BNSS‟] has been filed on behalf of the petitioner, seeking setting aside of the order dated 10.12.2024 [hereafter „impugned order‟] passed by the learned JMFC, NI Act-06, Central District, Tis Hazari Courts, Delhi [hereafter „Trial Court‟] in CC No. 532014/2016 titled „Archana Chaudhary v. Harsh Dawar‟. 2. As per the complaint filed by the petitioner–complainant under Section 138 of the Negotiable Instruments Act, 1881 [hereafter „NI Act‟] it was alleged that the complainant and the respondent–accused Signature Not Verified Digitally Signed CRL.M.C. 1412/2025 Page 1 of 6 By:ZEENAT PRAVEEN Signing Date:29.10.2025 18:32:37 were on friendly terms, and during the course of their acquaintance, the accused had borrowed a sum of ₹5,00,000/- from the complainant. It was stated that the said amount was advanced by the complainant after being satisfied about the genuineness of the accused‟s financial need. For repayment of the aforesaid amount, the accused had issued a cheque bearing No. 298683 dated 08.12.2014 for ₹5,00,000/-, drawn on Punjab National Bank, Vijay Nagar, Delhi, in favour of the complainant, assuring that the same would be duly honoured upon presentation. However, when the complainant presented the said cheque for encashment through his bank, Punjab National Bank, Mall Road B