Chandra Mohan Kumar v. State Of NCT Of Delhi & ANR.

$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5390/2025 and CRL.M.A. 23200/2025, CRL.M.A. 23201/2025 CHANDRA MOHAN KUMAR .....Petitioner Through:

Mr. Amit Kumar Mishra, Advocate.

versus STATE OF NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Digam Singh Dagar, APP for the State.

CORAM:

HON'BLE MR. JUSTICE ARUN MONGA

O R D E R

% 08.08.2025 1.

Petition herein is styled under Section 482 of Cr.P.C. though the same stands repealed and thus, ought to have been filed under Section 528 of the BNSS, 2023 seeking quashing of summoning order dated 20.09.2019 vide which petitioner has been summoned to stand trial for offence under Section 138 of the Negotiable Instrument Act, 1881.

2.

At the outset, learned counsel for respondent no. 1 has drawn my attention that the order has been challenged highly belatedly as the same is dated 20.09.2019.

3.

Be that as it may, even otherwise, I am of the view that that the petitioner ought to have approached the competent court of learned Sessions Judge under Section 438 of BNSS, 2023 instead of filing the instant petition. 4.

Accordingly, the same is dismissed with liberty to the petitioner to 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 12/08/2025 at 12:35:36

avail his alternative remedy as above in accordance with law, subject to meeting the objection of limitation as raised by learned counsel for respondent no. 1.

ARUN MONGA, J AUGUST 8, 2025 kd 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 12/08/2025 at 12:35:36