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HIGH COURT OF DELHI
CRL.M.C. 4472/2015 and Crl.M.A.15898/2015 (stay)
HIGH COURT OF 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
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.
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
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 ofthe criminal complaint cases, the petitioner reserving the right to raise all defences at the
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 ofthe criminal complaint cases, the petitioner reserving the right to raise all defences at the
CRL.M.C. 4472/2015 Etc. Page 1 of2
2018:DHC:8354 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
2018:DHC:8354 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. Page 2 of2
2018:DHC:8354
2018:DHC:8354
JUDGMENT