HARDESH GUPTA vs SHASHI SHARMA

Judgment text excerpt

$~85 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 13th May, 2026 + CRL.M.C. 1901/2026 & CRL.M.A. 7828/2026 HARDESH GUPTA .....Petitioner Through: Mr. Vikas Khatri and Mr. Manas Khatri, Advocates. versus SHASHI SHARMA .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner is defending a complaint filed against him by respondent under Section 138 of Negotiable Instruments Act, 1881. 2. During the proceedings of the abovesaid case, respondent i.e. complainant-Ms. Shashi Sharma entered into witness box on 26.06.2019. 3. She was cross-examined in part and her examination was deferred. Thereafter, she again entered into witness box on 25.11.2022 and partly examined and her further cross-examination was deferred. Eventually, she appeared on 02.02.2023 and on that day, she was discharged after due cross-examination. 4. During such cross-examination, she was asked whether she or her husband has instituted any other case under Section 138 of Negotiable Instruments Act, 1881 against anyone and she replied by claiming that she did not remember any such thing. 5. A suggestion was put to her that she was purposely concealing the Signature Not Verified Signed By:SONIA CRL.M.C. 1901/2026 1 THAPLIYAL Signing Date:15.05.2026 11:03:16 same, which she brushed aside as wrong and incorrect. 6. Fact remains that at that time, learned counsel for the accused (petitioner herein) did not confront him with any such complaint filed under Section 138 of Negotiable Instruments Act, 1881 by her husband. 7. Learned counsel for the petitioner submits that there was a complaint filed by her husband Nitya Nand Sharma against one Anil Kumar Srivastava and such complaint is under Section 138/142 of Negotiable Instruments Act, 1881. He, the