SHRI SARVESH PURI vs SHRI RISHAB KUMAR

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 06th November, 2025 Pronounced on: 05th January, 2026 + CRL.M.C. 7221/2025, CRL.M.A. 30302/2025 (stay), CRL.M.A.30303/2025 SHRI SARVESH PURI R/o, c/o Bindiya Tand on 19 A, Lane no. 2, Inder Bawa Marg, Jakhan, Dehradun, Uttarakhand – 248001 .....Petitioner Through: Mr. Kumar Balram, Ms. Arushi Mittal, Ms. Kalpana Srivastava, Mr. Ashwini Kumar, Mr. Bhoomit Dabas, Ms. Warsha Singh, Advocates. versus SHRI RISHAB KUMAR R/o D-94, First Floor, Defence Colony, New Delhi-110024 .....Respondent Through: Respondent in person. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T NEENA BANSAL KRISHNA, J. 1. The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as „BNSS‟) seeking the quashing of the Complaint Case under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as „NI Act‟), Summoning Signature Not Verified Signed By:VIKAS CRL.M.C, 7221/2025 Page 1 of 10 ARORA Signing Date:05.01.2026 17:50:45 Order dated 06.12.2022 of the Ld. Metropolitan Magistrate, New Delhi, and all incidental proceedings emanating therefrom. 2. The facts in brief, are the Respondent/Mr. Rishab Kumar (Complainant), Petitioner/Mr. Sarvesh Puri (Accused No. 1), and one Mr. Prakhar Sahani was well acquainted and maintained cordial relations for an extended period. The Complainant and Mr. Prakhar Sahani granted a personal loan of Rs. 5,00,000/- to Mr. Sarvesh Puri, Accused No. 1 at the rate of 4% per month, on 23.08.2017, to be repaid by August 2018. 3. Due to an alleged lack of security, the Complainant and Mr. Prakhar Sahani deducted one year‟s advance interest amount and an amount of Rs 2,60,000/- was disbursed to the Accused. 4. According to