YASIV@YASIR ZAIDI vs MAN MOHAN ARORA

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 17.03.2026 Judgment pronounced on: 24.03.2026 Judgment uploaded on: 24.03.2026 + CRL.M.C. 7928/2024 YASIV@YASIR ZAIDI .....Petitioner Through: Mr. Pulkit Agarwal, Mr. Anubhav Lamba and Mr. Shubham Singh, Advocates versus MAN MOHAN ARORA .....Respondent Through: Mr. Dipanshu Krishan, Mr. Karan Batura, Mr. Anmol Srivastava and Ms. Tanvi Sapra, Advocates CORAM: HON'BLE DR. JUSTICE SWARANA KANTA SHARMA JUDGMENT DR. SWARANA KANTA SHARMA, J 1. By way of the present petition, the petitioner seeks setting aside of the impugned judgment dated 07.09.2024, passed by the learned Additional Sessions Judge, Saket Court, South-East District, New Delhi [hereafter „Sessions Court‟] in Criminal Revision No. 243/2024, whereby the order dated 08.04.2024 passed by the learned CRL.M.C. 7928/2024 Page 1 of 22 Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:24.03.2026 17:46:08 Metropolitan Magistrate, Saket Court, New Delhi [hereafter „Trial Court‟] in CC No. 2644/2017 was upheld. FACTUAL BACKGROUND 2. Briefly stated, the respondent had filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 [hereafter „NI Act‟] against the petitioner, alleging that the petitioner had obtained a loan of ₹24,00,000/- from the respondent in September, 2016, repayable within one month. Towards partial discharge of the said liability, the petitioner is stated to have issued a cheque bearing no. 001929 dated 13.11.2016, drawn on ICICI Bank Ltd., Mohan Cooperative Industrial Estate, Mathura Road Branch, New Delhi, for an amount of ₹6,00,000/-. It is the case of the respondent that, upon the petitioner seeking time on account of financial difficulties, the cheque was initially not presented; however, after