Anil Kumar v. Parveen Kumar
Case brief
What is this about?
Petitioner challenged an order summoning his wife as a witness under Section 311 CrPC in a cheque bounce case involving a loan dispute to clarify fund transfers to a third party. The High Court upheld the order as necessary for a just decision and not arbitrary.
What the court decided
A compact analysis
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.
- IN THE HIGH COURT OF DELHI AT NEW DELHI
- % Date of order: 2nd December, 2024
- CRL.M.C. 3300/2023 & CRL.M.A. 12346/2023 ANIL KUMAR .....Petitioner
Through: Mr. Ravin Rao, Mr. Pallav Gupta, Mr. Akshit Sawal, Mr. Ayan Sharma and Mr. Yashasvi Yadav, Advocates
versus
PARVEEN KUMAR .....Respondent Through: Mr. Rajni Gupta and Mr. Shivender Gupta, Advocates
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
ORDER
CHANDRA DHARI SINGH, J (Oral)
- The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter “CrPC”) [now Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter “BNSS”)] has been filed on behalf of the petitioner seeking setting aside of the order dated 31st March, 2023 (hereinafter “impugned order”) passed by the learned Metropolitan Magistrate-01 (NI Act), Central, Tis Hazari Courts, Delhi (hereinafter “learned MM”) in Ct. Cases 4622/2020.
Issues for consideration
3 issues framed by the court
Whether the Trial Court committed illegality in summoning the wife of the petitioner as a witness under Section 311 CrPC to clarify the purpose of money transfers to a third party account.
Whether the application under Section 311 CrPC sought to set up a new case or merely clarified existing facts regarding a friendly loan dispute.
Whether the power under Section 311 CrPC was exercised arbitrarily or for the ends of justice in summoning the witness despite objections from the accused.
Parties & counsel
- petitioner
Anil Kumar
- respondent
Parveen Kumar
Coram
Chandra Hari Singh
Case details
As recorded by the court registry
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