Sumeet Kaeley v. N K Ved & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.L.P. 286/2015 and Crl.M.A. No. 5532/2015 SUMEET KAELEY Petitioner Through:

Ms. Rebecca John, Sr. Advocate with Mr. Gagan Minocha, Advocate versus N K VED & ANR Respondent Through:

Mr Rakesh Tiku, Sr. Advocate with Mr. PiyushAggawal, Advocate Mr. Raj at Katyal, APP

CORAM:

HON'BLE MR.

JUSTICE VIPIN SANGHI

ORDER

18.01.2017 % At the outset, learned senior counsel for the respondent has submitted that the impugned order cannot be sustained on the reasoning adopted by the learned Metropolitan Magistrate.

He has, therefore, conceded that the impugned judgment may be set aside and the matter may be remanded back to the learned Metropolitan Magistrate for re-determination of the case on merits without in any manner being influenced by the impugned judgment. Accordingly, leave granted.

Crl.A. No.

/2017 tto be registered and numbered) Let the appeal be registered and numbered. The appeal is allowed and By:AMULYA

the impugned order dated 03.02.2015 rendered by the learned Metropolitan Magistrate - 01 (Central), Delhi, in CC No. 231/1/14 of PS Prasad Nagar i.e. complaint under Section 138 of the Negotiable Instruments Act, moved by the petitioner/ appellant is set aside and the matter is remanded back to the learned Metropolitan Magistrate for re-determination on merits afresh without in any manner being influenced by the impugned judgment. It shall be open to the parties to raise their pleas in appeal. The parties shall appear before the learned CMM concerned on 03.02.2017. The respondent shall stand exempted from appearance from the trial court since the matter would now come up for final arguments. The trial court record be sent back forthwith. VIPIN SANGHI, J JANUARY 18, 2017 si