Sushil Kumar Leekha v. State Govt. NCT Of Delhi & ORS.

$~72 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4060/2024 SUSHIL KUMAR LEEKHA ..... Petitioner Through:

Mr.Himanshu Leekha, Adv.

versus STATE GOVT. NCT OF DELHI & ORS.

..... Respondents Through:

Mr.Aman Usman, APP

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 20.05.2024 CRL.M.A. 15456/2024 (Exemption) 1.

Allowed, subject to all just exceptions.

CRL.M.C. 4060/2024 & CRL.M.A. 15457/2024 2.

This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 challenging the maintainability of the Complaint Case no. 613098/2016, titled Dinesh Kumar v. Susheel Kumar Leekha, filed by the respondent against the petitioner herein under Section 138 of the Negotiable Instruments Act, 1881. 3.

The learned counsel for the petitioner submits that notice has still not been framed in the said petition.

4.

In my view, the plea, especially the plea stating that the complaint has been filed beyond the period of limitation, can be taken by the petitioner in the present petition at the stage of framing of the notice before the learned Trial Court.

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 27/05/2024 at 12:42:40

5.

With this observation, the present petition and the application are disposed of.

NAVIN CHAWLA, J MAY 20, 2024/Arya Click here to check corrigendum, if any 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 27/05/2024 at 12:42:40