SUDHA DEVI vs ANIL KUMAR

Judgment text excerpt

* I N T H E H I G H CO U RT O F DE L H I AT NE W DE L H I Reserved on: March 18, 2026 % Pronounced on: March 30, 2026 + CRL.M.C. 6636/2022, CRL.M.A. 25851/2022 SUDHA DEVI ....Petitioner Through: Mr. Prateek Kumar, Adv. Versus ANIL KUMAR ....Respondent Through: Mr. Mukesh Bhardwaj, Adv. CORAM: HON’BLE MR. JUSTICE SAURABH BANERJEE JUDGMENT 1. This Court is proceeding to decide the present petition filed under Section 482 of the Code of Criminal Procedure, 1973 wherein the petitioner seeks quashing of Criminal Complaint bearing CC NI Act No.26009/2021 entitled “Anil Kumar vs. Tarun Kumar & Anr.”1 pending before the Court of learned Metropolitan Magistrate (NI Act), Digital Court-08, Dwarka Courts, New Delhi2 as well as the summoning order dated 15.12.20213 passed therein and all subsequent proceedings emanating therefrom insofar as they pertain to the petitioner. 2. Shorn of unnecessary details, the facts leading present petition is that 1 Hereinafter referred as ‘compliant case’ 2 Hereinafter referred as ‘Trial Court’ 3 Hereinafter referred as ‘summoning order’ CRL.M.C. 6636/2022 Page 1 of 5 Signature Not Verified Digitally Signed By:BABLOO SHAH Signing Date:30.03.2026 16:23:06 the respondent filed a complainant case for an offence punishable under Section 138 of the Negotiable Instruments Act, 18814 against the petitioner and her son before the learned Trial Court wherein he alleged that they had approached him with an offer to sell their house citing financial hardship in August 2020. Subsequently, as per agreement, an Agreement to Sell was to be executed upon the respondent paying of Rs.10,00,000/- to the petitioner, for which the respondent paid various installments of that amount between August 2020 and April 2021. However, despite receipt thereof, the petitioner dec