Mr. Shubham Dhall v. Mr. Hitesh Chugh

$~66 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.L.P. 258/2025 MR. SHUBHAM DHALL .....Appellant Through:

Mr. Tanuj Uppal, Adv.

versus MR. HITESH CHUGH .....Respondent Through:

CORAM:

HON'BLE MR. JUSTICE RAVINDER DUDEJA

O R D E R

% 25.04.2025 CRL.M.A.

12415/2025 EXEMPTION CRL.M.A.

12416/2025 EXEMPTION, CRL.M.A. 12417/2025 EXEMPTION Allowed, subject to all just exceptions.

The applications stand disposed of.

CRL.M.A. 12418/2025 DELAY 28 DAYS IN FILING OF APPEAL & CRL.M.A. 12419/2025 DELAY 57 DAYS IN RE-FILING In view of the grounds explained in the applications, delays of 28 days in filing and 57 days in re-filing the appeal are condoned. The applications stand disposed of.

CRL.L.P. 258/2025 Leave granted.

The petition stands disposed of.

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 28/04/2025 at 13:51:57

Criminal Appeal No. ___/2025 (to be numbered) 1.

This is an appeal under Section 378(4) Cr.P.C/ 419(4) of Bharatiya Nagarik Suraksha Sanhita, 2023 is filed on behalf of the appellant against the order dated 19.10.2024 passed by the learned Metropolitan Magistrate, NI Act-03, West District, Tis Hazari Courts in CC No. 12647/2018 whereby the respondent has been acquitted of the offence under Section 138 NI Act. 2.

Learned counsel for the appellant submits that the presumption is available in favour of the appellant and despite the respondent having failed to rebut the said presumption during the trial, the learned trial court has acquitted the respondent.

3.

Issue notice to the respondent through all permissible modes, subject to the appellant taking the requisite steps, returnable on 18.09.2025. RAVINDER DUDEJA, J APRIL 25, 2025/ib 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 28/04/2025 at 13:51:57