Vijay Vinayak v. Irish Duggal
Case brief
What is this about?
Single Judge Court disposed of a condonation of delay application and a leave petition challenging acquittal in a cheque bounce trial, rejecting claims of legal errors by the Magistrate.
What did the court decide?
Dismissed condonation application. Dismissed leave petition although suggestion regarding setting up of case was left undecided.
What the court decided
$~5.
- IN THE HIGH COURT OF DELHI AT NEW DELHI
- CRL.L.P. 175/2016 and Crl. M.A. No.4537/2016
- VIJAY VINAYAK
..... Petitioner
Through: Mr. M.L. Kalra, Advocate.
versus
IRISH DUGGAL
..... Respondent
Through:
CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI
O R D E R % 02.08.2016
- The aforesaid application has been filed to seek condonation of delay in filing the leave petition.
Issues for consideration
2 issues framed by the court
Whether the acquittal of accused in cheque bounce complaint under Section 138 NI Act requires proof beyond reasonable doubt or preponderance of probabilities.
Whether unaudited running account can sustain the prosecution case under Section 138 of the Negotiable Instruments Act.
Parties & counsel
- petitioner
VIJAY VINAYAK
- respondent
IRISH DUGGAL
Coram
VIPIN SANGHI
Case details
As recorded by the court registry
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