DEVASHISH BHARDWAJ & MUKHOPADHYAYA vs STATE

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 06.04.2026 Judgment pronounced on: 16.04.2026 + CRL.A. 850/2004 DEVASHISH BHARDWAJ & MUKHOPADHYAYA.....Appellant Through: None. versus STATE .....Respondent Through: None. CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT CHANDRASEKHARAN SUDHA, J. 1. This jail appeal under Section 383 of the Code of Criminal Procedure, 1973 (the Cr.P.C.) has been filed by accused no. 2 (A2) in C.C. No. 174/2002, C.C. No. 175/2002, C.C. No. 229/2002, C.C. No. 230/2002, C.C. No. 310/2002 and C.C. No. 311/2002 on the file of the Court of the Additional Sessions Judge, Patiala House Courts, New Delhi challenging the conviction entered and sentence passed against him for the offence punishable CRL.A. 850/2004 Page 1 of 16 Signature Not Verified Signed By:KOMAL DHAWAN Signing Date:17.04.2026 17:35:21 under Section 138 of the Negotiable Instruments Act, 1881 (the NI Act). 2. PW1, the complainant, filed a complaint alleging the commission of the offence punishable under Section 138 of the NI Act before the Metropolitan Magistrate, Delhi. On going through the trial records, I find order dated 05.04.2002 of the Magistrate, which reads thus:- “Vide order dated 21.3.2002 bearing No. 336/Gaz/VI.E.2(a)/Misc the case stands transferred to the Court of Shri C.K. Chaturvedi Ld. A.S.J. Parties to appear the said court at 12. Noon today. M.M.” 3. Letter no. 336/Gaz./VI.E.2(a)/Misc referred to reads: "MOST IMMEDIATE AT ONCE CONFIDENTIAL No._ 336 /Gaz./VI.E.Z(a)/Misc. From: The Registrar (Vigilance) High Court of Delhi New Delhi. CRL.A. 850/2004 Page 2 of 16 Signature Not Verified Signed By:KOMAL DHAWAN Signing Date:17.04.2026 17:35:21 To The District & Sessions Judge Delhi. New Delhi, dated, the 15 March, 2002 Sub: Regarding expediti