Harry Inder Dhaul v. State Of NCT Of Delhi & ANR.
$~1 (Full Bench) *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 1862/2020 & CRL.M.As. 13187-13188/2020, 50625063/2021 HARRY INDER DHAUL .....Petitioner Through:
Mr. Pramod Kumar Dubey, Sr. Adv.
with Mrs. Pinky Dubey, Mr Anurag Andley, Mr Aditya Andley, Mr. Ankit Vashisht, Ms.
Muskan Sharma, Ms.Ramchandrani B Siddhartha & Mr.
Tanmay Gupta, Advs. (8447680188) versus STATE OF NCT OF DELHI & ANR.
.....Respondents Through:
Mr. Amol Sinha, ASC (Crl.) along with Mr. Ashvini Kumar & Mr.
Kshitiz Garg, Advs. (9721210922) Mr. Abhir Datt, Amicus Curiae with Ms. Annamaya Nanda & Mr. Varnika Singh, Advs.
CORAM:
JUSTICE PRATHIBA M. SINGH JUSTICE NEENA BANSAL KRISHNA JUSTICE AMIT SHARMA
O R D E R
% 25.07.2025 1.
This hearing has been done through hybrid mode. 2.
The present petition has been filed on behalf of the Petitioner-Harry Inder Dhaul under Section 482 of the Cr.P.C. inter alia assailing the order dated 17th September, 2019 passed by the Metropolitian Magistrate-04, Patiala House Courts in CC. No. 16296/16 and CC No. 16852/16. Further, the impugned order dated 11th March, 2020 passed by the SPL. Judge, NDPS, Patiala House in CR No. 852/2019 is also challenged. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
3.
On the last date of hearing, i.e., 6th May, 2025, ld. Counsel for the Respondent No. 2 submitted that the parties are under settlement talks. However, Mr. Dubey, ld. Senior Counsel appearing for the Petitioner submitted that certain issues arise for consideration in this matter. The order dated 6th May, 2025 is extracted hereunder:
"2. The present petition has been filed on behalf of the Petitioner-Harry Inder Dhaul under Section 482 of the Cr.P.C. inter alia assailing the order dated 17th September, passed by the Metropolitian Magistrate-04, Patiala House Courts in CC. No. 16296/16 and CC No. 16852/16. Further, the impugned order dated 11th March, 2020 passed by the SPL. Judge, NDPS, Patiala House in CR No. 852/2019 is also challenged.
3. Ld. Counsel for the Respondent No.2 submits that the parties are under settlement talks and if there is an amicable resolution, this petition may become infructuous.
4. On the other hand, Mr. Dubey, ld. Senior Counsel appearing for the Petitioner submits that the following issues would rise for determination.
"A. Whether mere dishonouring of cheque by itself would constitute an independent offence as prescribed under Section 138 NI Act? If yes, whether a legal demand notice under the NI Act can comprise of more than three cheques?
B. Whether the bar under Section 219, Cr.PC will be applicable in 138 NI Act if there are multiple cheques in a complaint if the instrument arises out of the same transaction?
C. Is the Provision of Section 220, Cr.PC dependent on Section 219, Cr.PC or does Section 219 Cr.PC circumscribe the scope of Section 220, CrPc?"
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
5. Considering the nature of the matter, let the parties report on the settlement, if any, on the next date of hearing. Otherwise, since this is a reference, the questions of law would be considered by the Court.
6. Mr. Abhir Datt, Advocate (M:7838380418) is appointed as an Amicus Curiae to assist the Court. The Ld. Amicus Curiae may file written note of arguments along with judgment, if required.
7. List for hearing on 25th July, 2025."
4.
Today, ld. Sr. Counsel for the Petitioner submits that the dispute has been settled between the complainant and the Petitioner. He, therefore, has instructions to withdraw the present petition. 5.
The petition, along with pending applications, if any, is dismissed as withdrawn. However, the legal issues raised in the matter are left open for determination in an appropriate case.
PRATHIBA M. SINGH, J.
NEENA BANSAL KRISHNA, J.
AMIT SHARMA, J.
JULY 25, 2025 kk/rks The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.