Allowed

Abhishek Verma v. Ominder Kumar

Delhi HC1 Mar 2024CRL.M.C./1400/2024

Case brief

AI extract

What is this about?

The High Court quashed the complaint relating to cheque dishonour and set aside the impugned order preventing cross-examination, granting the petitioner one opportunity to cross-examine the complainant on a fixed date subject to cost payment.

What did the court decide?

Order dated 14.12.2023 set aside; order of 21.02.2024 for further opportunity enforced; one opportunity granted for cross-examination on 02.03.2024.

Abhishek Verma Vs Ominder Kumar — Cheque Dishonour | Delhi HC (2024)

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$~22

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 1400/2024, CRL.M.A. 5540/2024

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ABHISHEK VERMA ..... Petitioner Through: Mr. Rachit Batra and Mr. Sahil Ralli, Advocates.

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versus

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OMINDER KUMAR ..... Respondent Through: Mr. Abhishek Sharma, Advocate.

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CORAM:

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HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA O R D E R

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% 01.03.2024

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1. Petition under Section 482 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’) has been preferred on behalf of the petitioner for quashing of Complaint No. 4092/2018, under Section 138 read with Section 142 of NI Act titled as ‘ Ominder Kumar vs. Abhishek Verma ’ and setting aside order dated 14.12.2023, whereby the right of petitioner to cross-examine the complainant has been closed and the matter has been fixed for statement of accused.

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2. Vide order dated 21.02.2024, the notice was only directed to be issued for granting further opportunity to the petitioner to cross-examine the complainant.

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3. Considering the facts and circumstances of the case, one opportunity shall be granted to the petitioner to cross-examine the complainant on the next date of hearing fixed before learned Trial Court, i.e. 02.03.2024, subject to payment of cost of Rs. 5,000/- to respondent. However, learned Trial Court shall be at liberty to defer the cross-examination, if the circumstances so warrant.

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/03/2024 at 11:48:51

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4. Order dated 14.12.2023 passed by the learned Trial Court is set aside. Petition is accordingly disposed of. Pending applications, if any, also

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stand disposed of.

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A copy of this order be forwarded to learned Trial Court for information.

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ANOOP KUMAR MENDIRATTA, J.

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MARCH 01, 2024/ R

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/03/2024 at 11:48:51

Abhishek Verma v. Ominder Kumar

Case brief

What is this about?

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Abhishek Verma v. Ominder Kumar

Case brief

What is this about?

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