OMPAL YADAV vs FARHAN EMPEXO EXPORT AND IMPORT CO.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: January 07, 2026 % Pronounced on: February 09, 2026 + CRL.REV.P. 633/2024 OMPAL YADAV .....Petitioner Through: Mr. Piyush Pahuja and Mr. Upender Kumar, Advocates. Versus FARHAN EMPEXO EXPORT AND IMPORT CO. .Respondent Through: Mr. Raj Kumar and Mr. H. Rehman, Advocates. CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE JUDGMENT 1. By virtue of the present petition filed under Section(s) 401/ 397 of the Code of Criminal Procedure, 19731 read with Section 482 of the Cr.P.C., the petitioner/ convict/ revisionist2 seeks setting aside of the impugned order dated 10.04.20243 passed by the learned Additional Sessions Judge (05), South East District, Saket Courts, New Delhi4 in the Criminal Appeal No.79/2022 entitled ‘Ompal Yadav vs. Farhan Empexo Export and Import Co.’, whereby the appeal preferred by the petitioner was dismissed and the judgment and order on sentence dated 26.04.2022 and 07.05.2022 respectively passed in a complaint made by the 1 Hereinafter as “Cr.P.C.” 2 Hereinafter as “petitioner” 3 Hereinafter as “impugned judgment” 4 Hereinafter as “learned ASJ” RC.REV. 633/2024 Page 1 of 8 Signature Not Verified Digitally Signed By:BABLOO SHAH Signing Date:09.02.2026 01:13:22 complainant/ respondent5 under Section 138 of the Negotiable Instruments Act, 18816 passed by the learned Metropolitan Magistrate, South East District, Saket Courts, New Delhi7 was upheld. 2. Succinctly put, on request of the petitioner, the respondent entered into a Memorandum of Understanding dated 22.05.20098 [Ex.CW-1/A] with the petitioner’s brother, one Mr. Gajender Singh, to jointly construct the property bearing kharsa no.287 situated at Batla House, Jamia Nagar, Okhla, New Delhi-110025, by investing funds with profits from its sale to be shar