RAJINDER SINGH TOKAS vs AKSHAY KUMAR RATHI

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: March 23, 2026 % Pronounced on: April 24, 2026 + CRL.REV.P. 181/2024 & CRL.M.(BAIL) 246/2024 RAJINDER SINGH TOKAS .....Petitioner Through: Mr. Faiyaz Hasan, Advocate Versus AKSHAY KUMAR RATHI .....Respondent Through: Mr. Sukhbir Singh Sejwal, Ms. Shikha Sejwal, Advocates with Respondent in person (through VC) CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE JUDGMENT 1. By virtue of the present revision petition filed under Section(s) 401/397 of the Criminal Procedure Code, 1973, the petitioner seeks setting aside of the impugned judgment dated 08.11.2023 passed by the learned Additional Sessions Judge-05, Patiala House Court, New Delhi District, New Delhi (learned Appellate Court) in the Criminal Appeal No.28/2023 entitled ‘Rajinder Singh Tokas v. Akshay Kumar Rathi’, whereby the appeal preferred by the petitioner was dismissed and the judgment dated 15.12.2022 and order on sentence dated 07.01.2023 passed by learned Metropolitan Magistrate (NI Act), Digital Court-03, Patiala House Court, New Delhi District, New Delhi (learned Trial Court) on a complaint made by the complainant/respondent under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) was upheld. CRL.REV.P. 181/2024 Page 1 of 9 Signature Not Verified Digitally Signed By:BABLOO SHAH Signing Date:24.04.2026 05:56:50 2. Briefly put, the respondent/ complainant filed a complaint case for an offence punishable under Section 138 of the NI Act against the petitioner before the learned Trial Court wherein it was alleged that the complainant’s father and the petitioner were childhood friends and in February 2020, the petitioner approached the complainant’s father seeking a loan of Rs.15 lakhs. The complainant at his father’s request agreed to advance the said