Quashing petitions against Section 138 NI Act summoning orders where the accused's cross-examination opportunity was closed. Court declined to quash, directed a last final opportunity for counsel to cross-examine without accused's presence, with delay inviting costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~23 to 29
Through: Mr. Attul Bhuchar, Mr. Sandeep Kumar and Mr. Amit Sachdeva, Advocates.
versus
MTC JEWELLERY .....Respondent Through: Mr. Sahil Garg Narwane, Mr. Dipesh Singhal, Mr. Yadvinder Singh and Mr. Honey Gola, Advs.
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
O R D E R % 21.08.2024
This is a digitally signed order.
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 28/08/2024 at 12:26:03
This is a digitally signed order.
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 28/08/2024 at 12:26:03
submissions of the parties.
ANISH DAYAL, J
AUGUST 21, 2024/MK
This is a digitally signed order.
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 28/08/2024 at 12:26:03
2 issues framed by the court
Should the summoning orders in the Section 138 proceedings be quashed given closure of cross-examination opportunity?
Whether the accused should be granted a final opportunity to cross-examine the complainant's representative?
2 provisions across 2 enactments
KAILASH SARAAF PVT. LTD & ORS.
MTC JEWELLERY
ANISH DAYAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
