SH. VIMAL GHAI vs SH. M. P. SHARMA

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Pronounced on: 05.01.2026 + CRL.M.C. 4782/2024 SH. VIMAL GHAI .....Petitioner Through: Mr. Satish Kumar, Mr. Ravi Kumar, Advs. versus SH. M. P. SHARMA .....Respondent Through: Mr. Shubham Gupta, Adv. CORAM:- HON'BLE MR. JUSTICE RAVINDER DUDEJA JUDGMENT RAVINDER DUDEJA, J. 1. This is a petition under Section 482 Cr.P.C, seeking to set aside the impugned order dated 10.05.2024, passed by the learned Principal District and Sessions Judge in Criminal Revision Petition bearing No. 142/2024, with prayer to allow the petitioner’s application under Section 311 Cr.P.C for re-examination of the respondent/ complainant. FACTUAL MATRIX 2. Respondent/complainant filed a complaint under Section 138/142 Negotiable Instruments Act [“NI Act”], with allegations that cheque issued by the petitioner towards discharge of his liability was dishonoured with remarks, “Payment stopped by Drawer”, vide CRL.M.C. 4782/2024 Page 1 of 8 Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Date:05.01.2026 15:41:57 cheque return memo dated 30.06.2020. Petitioner did not make payment despite demand notice dated 28.07.2020. 3. Petitioner was summoned by the trial Court and at present, the matter is at the stage of defence evidence. 4. Petitioner filed an application under Section 311 Cr.P.C for recall of complainant/respondent for re-examination. Such application came to be dismissed by the trial Court vide order dated 05.03.2024. Feeling aggrieved, petitioner preferred a criminal revision before the learned Principal District and Sessions Judge vide Criminal Revision Petition bearing No. 142/2024, titled, “Vimal Ghai vs State”. However, the revision was dismissed vide impugned order dated 10.05.2024. It is this order which has been challenged