Ashok Kumar Gupta v. Ms Ajay Metal Works

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4824/2024 ASHOK KUMAR GUPTA .....Petitioner Through:

Mr. Anubhav, Mr. Arvind, Mr Pankaj Sharma & Mr. Yashwant Singh Yadav, Advs.

versus MS AJAY METAL WORKS .....Respondent Through:

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 09.07.2024 CRL.M.A. 18305/2024 1.

Exemption allowed, subject to all just exceptions. 2.

Application stands disposed of.

CRL.M.C. 4824/2024 1.

This petition is filed for setting aside order dated 20th December 2022, passed by the Metropolitan Magistrate in CC No.1070/2021, in proceedings under Section 138 NI Act. By the impugned order, the District & Sessions Judge has dismissed the Revision Petition filed against order of the Metropolitan Magistrate dated 20th December 2022, on the basis that revision is not maintainable.

2.

The Metropolitan Magistrate dismissed the application under Section 311 Cr.P.C. filed by petitioner-accused to lead evidence of the Manager, who is also son of accused and was conducting business at that time. 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 02/07/2025 at 11:32:34

3.

As rightly stated by the Metropolitan Magistrate, defence evidence was closed on 16th December 2022, and matter was fixed for final arguments. There is no reason as to why petitioner could not have produced his son as a witness while the evidence was being recorded. Plea for Section 311 Cr.P.C. for opening up evidence on this basis is frivolous and cannot be countenanced.

4.

Accordingly, petition is dismissed.

5.

Order be uploaded on the website of this Court. ANISH DAYAL, J JULY 9, 2024/sm 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 02/07/2025 at 11:32:34