Dismissed

Kali Shanker v. the State of NCT of Delhi and Anr.

Delhi HC6 Oct 2025CRL.M.C./7045/2025

Case brief

AI extract

What is this about?

The Delhi High Court dismissed a petition under Section 528 BNSS (Section 482 CrPC) seeking quashing of a cheque dishonour complaint. The Court held that at an advanced stage where evidence recording had commenced, the inherent jurisdiction could not be invoked, though grounds could be raised in the Trial Court.

What did the court decide?

Petition dismissed with liberty to raise grounds in the Trial Court; rights and contentions of parties left open.

Kali Shanker Vs the State of NCT of Delhi and Anr. — Cheque Dishonour | Delhi HC (2025)

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$~83

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 7045/2025 & CRL.M.A. 29586/2025

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KALI SHANKER .....Petitioner

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Through: Mr. Rajeev Kumar, Advocate

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versus

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THE STATE OF NCT OF DELHI AND ANR .....Respondents Through: Mr. Hemant Mehla, APP for the State with SI Rahul, PS Tughlak Road

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CORAM:

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HON'BLE MR. JUSTICE SANJEEV NARULA

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O R D E R % 06.10.2025

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The present petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023¹ (erstwhile Section 482 of the Code of Criminal Procedure, 1973² ) seeks quashing of Criminal Complaint No. 29777/2016 filed by Respondent No. 2 for the offences under Section 138 of the Negotiable Act, 1881.

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The matter is currently at the stage of recording the Complainant’s evidence. After nearly a decade of pendency, the Petitioner has now approached this Court seeking quashing of the complaint on the grounds of limitation, contending that multiple demand notices were issued solely to overcome the bar of limitation.

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In the considered opinion of this Court, at such an advanced stage of

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1 “BNSS”

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2 “Cr.P.C.”

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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 08/10/2025 at 12:42:17

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trial, the Petitioner cannot be permitted to invoke the inherent jurisdiction of this Court.

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However, the Petitioner shall be at liberty to raise all grounds urged in the present petition before the Trial Court at the appropriate stage, which shall consider the same in accordance with law and on their own merits.

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With the above directions, the present petition is dismissed along with pending application(s).

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All rights and contentions of the parties are left open.

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SANJEEV NARULA, J

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OCTOBER 6, 2025/ab

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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 08/10/2025 at 12:42:17

Kali Shanker v. the State of NCT of Delhi and Anr.

Case brief

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Kali Shanker v. the State of NCT of Delhi and Anr.

Case brief

What is this about?

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