Allowed¶25

Girish Rehani v. M/S Keltech Infrastructure Ltd. & Ors. & Ors.

Delhi HC12 Mar 2025CRL.L.P./566/2022

Case brief

AI extract

What is this about?

Keywords: leave to appeal; s. 378(4) CrPC; acquittal judgment 31.08.2022; Metropolitan Magistrate South West Dwarka Delhi; s. 138 NI Act cheque dishonour; defective demand notice; notice amount larger than three cheques; complaints confined to three specified cheques; Builder-buyer Agreement admission under s. 313 CrPC; legally enforceable debt proof left open; Girish Rehani v. M/s Keltech Infrastructure Ltd & Ors; leave granted, appeals admitted, hearing 17.07.2025; Jasmeet Singh, Justice; Delhi High Court.

What did the court decide?

Grant of leave to appeal against the acquittal judgment(s) dated 31.08.2022; Registry directed to number the appeals; notice issued and accepted by respondents' counsel; appeals marked 'Admit'; hearing listed for 17.07.2025 with liberty to file written submissions ¶25

Girish Rehani Vs M/S Keltech Infrastructure Ltd. & Ors. & Ors. — Cheque Dishonour | Delhi HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the mismatch between the amount demanded in the Section 138 NI Act demand notice and the three cheques specified in the subsequent complaints renders the complaints defective / bears on grant of leave to appeal +1 more

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Court's answer

Leave to appeal granted: the applications under section 378(4) CrPC are allowed, enabling the petitioner to challenge the acquittal judgment(s) dated 31.08.2022 passed by the Metropolitan Magistrate, South West, Dwarka, Delhi

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Key takeaways

The Court expressly deferred final adjudication of the notice-defect / amount-discrepancy issue, stating that it 'needs consideration'obiter¶24
All submissions and contentions of the parties on the merits of the appeals are expressly left open to be heard and adjudicatedobiter¶34

Detailed headnote1 paragraphs

Delhi High Court (Jasmeet Singh, J., 12.03.2025): Batch of criminal leave petitions (CRL.L.P. 566/2022 et seq. incl. 567, 568, 570, 571, 572, 573, 574, 575, 576, 584/2022 and CRL.M.A. 26188/2022) filed by Girish Rehani under s. 378(4) CrPC seeking leave to appeal against acquittal judgment(s) dated 31.08.2022 of the Metropolitan Magistrate, South West, Dwarka, Delhi, acquitting M/s Keltech Infrastructure Ltd & Ors of s. 138 NI Act offences in complaint cases titled 'Girish Rehani v. M/s Keltech Infrastructure Ltd. & Ors'. Acquittal had rested on (i) alleged defect in the s. 138 demand notice, the demand being for a larger amount than the three cheques sued upon, and (ii) failure to prove the cheques were issued in discharge of a legally enforceable debt. The Court noted the complaints explicitly restrict themselves to three specified cheques (numbers and amounts stated) and that the respondents admitted the Builder-buyer Agreements in their s. 313 CrPC statements, but stated the issue 'needs consideration'. Applications allowed; leave to appeal granted; Registry directed to number the appeals; notice issued and accepted; appeals admitted; hearing fixed for 17.07.2025; written submissions permitted; all merits contentions expressly left open.

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$~23-33

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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CRL.L.P. 566/2022 GIRISH REHANI .....Petitioner Through: Mr. Madhav Khurana, Sr. Adv with Mr. Akshat Rehani, Adv. versus

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M/S KELTECH INFRASTRUCTURE LTD & ORS. & ORS. .....Respondent Through: Mr. Aman Jha, Mr. Harish Malhotra, Advs.

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24 + CRL.L.P. 567/2022 GIRISH REHANI .....Petitioner Through: Mr. Madhav Khurana, Sr. Adv with Mr. Akshat Rehani, Adv. versus M/S KELTECH INFRASTRUCTURE LTD & ORS. .....Respondent Through: Mr. Aman Jha, Mr. Harish Malhotra, Advs. 25 + CRL.L.P. 568/2022 GIRISH REHANI .....Petitioner Through: Mr. Madhav Khurana, Sr. Adv with Mr. Akshat Rehani, Adv. versus M/S KELTECH INFRASTRUCTURE LTD & ORS. .....Respondent Through: Mr. Aman Jha, Mr. Harish Malhotra, Advs. 26 + CRL.L.P. 570/2022 GIRISH REHANI .....Petitioner Through: Mr. Madhav Khurana, Sr. Adv with Mr. Akshat Rehani, Adv. versus M/S KELTECH INFRASTRUCTURE LTD & ORS. .....Respondent Through: Mr. Aman Jha, Mr. Harish Malhotra, Advs.

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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 20/03/2025 at 12:32:45

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CRL.L.P. 571/2022 GIRISH REHANI .....Petitioner Through: Mr. Madhav Khurana, Sr. Adv with Mr. Akshat Rehani, Adv. versus M/S KELTECH INFRASTRUCTURE LTD & ORS. .....Respondent Through: Mr. Aman Jha, Mr. Harish Malhotra, Advs. 28 + CRL.L.P. 572/2022 GIRISH REHANI .....Petitioner Through: Mr. Madhav Khurana, Sr. Adv with Mr. Akshat Rehani, Adv. versus M/S KELTECH INFRASTRUCTURE LTD & ORS. .....Respondent Through: Mr. Aman Jha, Mr. Harish Malhotra, Advs. 29 + CRL.L.P. 573/2022 GIRISH REHANI .....Petitioner Through: Mr. Madhav Khurana, Sr. Adv with Mr. Akshat Rehani, Adv. versus M/S KELTECH INFRASTRUCTURE LTD & ORS. .....Respondent Through: Mr. Aman Jha, Mr. Harish Malhotra, Advs. 30 + CRL.L.P. 574/2022 GIRISH REHANI .....Petitioner Through: Mr. Madhav Khurana, Sr. Adv with Mr. Akshat Rehani, Adv. versus M/S KELTECH INFRASTRUCTURE LTD & ORS. .....Respondent Through: Mr. Aman Jha, Mr. Harish Malhotra, Advs.

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- CRL.L.P. 575/2022 GIRISH REHANI .....Petitioner Through: Mr. Madhav Khurana, Sr. Adv with Mr. Akshat Rehani, Adv. versus

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M/S KELTECH INFRASTRUCTURE LTD & ORS. .....Respondent Through: Mr. Aman Jha, Mr. Harish Malhotra, Advs.

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32 + CRL.L.P. 576/2022 GIRISH REHANI .....Petitioner Through: Mr. Madhav Khurana, Sr. Adv with Mr. Akshat Rehani, Adv. versus

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M/S KELTECH INFRASTRUCTURE LTD & ORS. .....Respondent Through: Mr. Aman Jha, Mr. Harish Malhotra, Advs.

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33 + CRL.L.P. 584/2022 & CRL.M.A. 26188/2022 SH GIRISH REHANI .....Petitioner Through: Mr. Madhav Khurana, Sr. Adv with Mr. Akshat Rehani, Adv. versus

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M/S KELTECH INFRASTRUCTURE LIMITED & ORS. .....Respondent

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Through: Mr. Aman Jha, Mr. Harish Malhotra, Advs.

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CORAM: HON'BLE MR. JUSTICE JASMEET SINGH O R D E R % 12.03.2025

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These are applications filed under section 378(4) of the Code of Criminal Procedure, 1973 seeking grant of leave to appeal to challenge the judgment(s) of acquittal dated 31.08.2022, passed by the learned Metropolitan Magistrate, South West, Dwarka, Delhi in different complaint

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cases, all titled ‘ Girish Rehani v. M/s Keltech Infrastructure Ltd. & Ors .’. As per the impugned judgment(s), the respondents have been acquitted for the offences punishable under section 138 of the Negotiable Instruments Act, 1881 (“NI Act”).

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The impugned judgment(s) dated 31.08.2022 are based on the finding that the notice issued under Section 138 of the NI Act is defective, as the demand in the said notice is for a larger amount, whereas the subsequent complaint has been confined to three cheques each. Further, the petitioners have not been able to prove that the cheques in question were issued in discharge of a legally enforceable debt.

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As regards, the discrepancy in the amount in the demand notice and the complaints are concerned, the complaints explicitly state that they are restricted to three cheques only, with the cheque numbers and corresponding amounts clearly specified therein. Additionally, the Builder-buyer Agreements has also been admitted by the respondents in the statement made under section 313 of the Code of Criminal procedure, 1973.

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The said issue needs consideration.

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For the reasons noted above, the present applications are allowed and the petitioner is granted leave to appeal to challenge the judgment(s) dated 31.08.2022, passed by the learned Metropolitan Magistrate, South West, Dwarka, Delhi.

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The applications are accordingly disposed of.

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CRL.APPEALS / 2025 (TO BE NUMBERED)

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Since the leave to appeal applications have been allowed, the Registry is directed to number the appeals.

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Issue notice.

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Mr. Jha, learned counsel accepts notice on behalf of the respondents. 10. “Admit”

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List for hearing on 17.07.2025.

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In the meanwhile, the parties are at liberty to file written submissions.

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All the submissions and contentions of the parties on the merits of the appeals are left open to be heard and adjudicated.

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JASMEET SINGH, J

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MARCH 12, 2025 / (MS)

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Click here to check corrigendum, if any

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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 20/03/2025 at 12:32:45

Girish Rehani v. M/S Keltech Infrastructure Ltd. & Ors. & Ors.

Case brief

What is this about?

What did the court decide?

Girish Rehani v. M/S Keltech Infrastructure Ltd. & Ors. & Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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