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High Court of DelhiCRL.M.C./701/2016

Ram Shobhit Das v. NCT Of Delhi And ORS

2018-07-26Hon'Ble Mr. Justice R.K.Gauba2 pages

xp Signed By:RAM DATT Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing.

$-12 & 13 (commonorder) *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4472/2015 and Crl.M.A.15898/2015 (stay) + CRL.M.C. 701/2016 and Crl.M.A.2984/2016 (stay) RAMSHOBHITDAS Petitioner Through:

Mr. Vivek Vardhan, Advocate versus NCT OF DELHI & ORS Respondents Through:

Mr. Mukesh Kumar, APP for the State Mr. Shekhar Bhambri, Adv. with Mr. NItish Kumar, Adv. for R-3.

CORAM;

HON'BLE MR. JUSTICE R.K.GAUBA

ORDER

% 26.07.2018 During the course of hearing it was brought out that in the criminal complaint cases of the private party/respondent against the petitioner, each on the allegations of offence under Section 138 of the Negotiable Instruments Act, 1881 having been committed qua certain cheques, the petitioner has not been appearing,this despite the fact that duress processes have been issued against the petitioner, the defence raised by the petitioner being that the cheques were forcibly taken from him, this being the subject matter of a case lodged by him in 2014.

After some hearing, the counsel for the petitioner submitted that he may be allowed to withdraw these petitions seeking quashing of the criminal complaint cases, the petitioner reserving the right to raise all defences at the CRL.M.C. 4472/2015 Etc.

trial, he also giving a solemn undertaking to this court that he would appear before the concerned Metropolitan Magistrate on the date(s) of hearing next fixed in the complaint cases.

The petitions and the applications filed therewith are dismissed as withdrawn.

The petitioner shall remain bound by the undertaking as recorded above.

JULY 26, 2018 vk CRL.M.C.

4472/2015 Etc.