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High Court of DelhiCRL.L.P./566/2022

Girish Rehani v. M/S Keltech Infrastructure Ltd & ORS. & ORS.

2025-03-12Hon'Ble Mr. Justice Jasmeet Singh5 pages

$~23-33 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL.L.P. 566/2022 M/S KELTECH INFRASTRUCTURE LTD & ORS. & ORS.

.....Respondent CRL.L.P. 567/2022 CRL.L.P. 568/2022 CRL.L.P. 570/2022 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

CRL.L.P. 571/2022 CRL.L.P. 572/2022 CRL.L.P. 573/2022 CRL.L.P. 574/2022 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

CRL.L.P. 575/2022 CRL.L.P. 576/2022 CRL.L.P. 584/2022 & CRL.M.A. 26188/2022 SH GIRISH REHANI M/S KELTECH INFRASTRUCTURE LIMITED & ORS.

.....Respondent

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 12.03.2025 1.

These are applications filed under section 378(4) of the Code of Criminal Procedure, 1973 seeking grant of leave to appeal to challenge the judgment(s) of acquittal dated 31.08.2022, passed by the learned Metropolitan Magistrate, South West, Dwarka, Delhi in different complaint The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

cases, all titled 'Girish Rehani v. M/s Keltech Infrastructure Ltd. & Ors.'. As per the impugned judgment(s), the respondents have been acquitted for the offences punishable under section 138 of the Negotiable Instruments Act, 1881 ("NI Act").

2.

The impugned judgment(s) dated 31.08.2022 are based on the finding that the notice issued under Section 138 of the NI Act is defective, as the demand in the said notice is for a larger amount, whereas the subsequent complaint has been confined to three cheques each. Further, the petitioners have not been able to prove that the cheques in question were issued in discharge of a legally enforceable debt.

3.

As regards, the discrepancy in the amount in the demand notice and the complaints are concerned, the complaints explicitly state that they are restricted to three cheques only, with the cheque numbers and corresponding amounts clearly specified therein.

Additionally, the Builder-buyer Agreements has also been admitted by the respondents in the statement made under section 313 of the Code of Criminal procedure, 1973. 4.

The said issue needs consideration.

5.

For the reasons noted above, the present applications are allowed and the petitioner is granted leave to appeal to challenge the judgment(s) dated 31.08.2022, passed by the learned Metropolitan Magistrate, South West, Dwarka, Delhi.

6.

The applications are accordingly disposed of. CRL.APPEALS / 2025 (TO BE NUMBERED) 7.

Since the leave to appeal applications have been allowed, the Registry is directed to number the appeals.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

8.

Issue notice.

9.

Mr. Jha, learned counsel accepts notice on behalf of the respondents. 10.

"Admit"

11.

List for hearing on 17.07.2025.

12.

In the meanwhile, the parties are at liberty to file written submissions. 13.

All the submissions and contentions of the parties on the merits of the appeals are left open to be heard and adjudicated. JASMEET SINGH, J MARCH 12, 2025 / (MS) 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.