Full Text
Translation output
$-21.
HIGH COURT OF DELHI
CRL.L.P.286/2015 and Crl.M.A. No.5532/2015
SUMEET KAELEY
Petitioner
Through: Ms.Rebecca John, Sr. Advocate with Mr.Gagan Minocha,Advocate
HIGH COURT OF DELHI
CRL.L.P.286/2015 and Crl.M.A. No.5532/2015
SUMEET KAELEY
Petitioner
Through: Ms.Rebecca John, Sr. Advocate with Mr.Gagan Minocha,Advocate
VERSUS
N K VED & ANR Respondent
Through: Mr Rakesh Tiku, Sr. Advocate with Mr.PiyushAggawal,Advocate
Mr.Rajat Katyal,APP
Through: Mr Rakesh Tiku, Sr. Advocate with Mr.PiyushAggawal,Advocate
Mr.Rajat Katyal,APP
CORAM:
HON'BLE MR.JUSTICE VIPIN SANGHI
18.01.2017 Atthe outset,learned senior counselfor the respondent has submitted thatthe impugned order cannot be sustained onthe reasoning adopted by the learned Metropolitan Magistrate. He has, therefore, conceded that the impugnedjudgment may be set aside and the matter may be remanded back to the learned Metropolitan Magistrate for re-determination of the case on merits without in any manner being influenced by the impugnedjudgment.
Accordingly,leave granted.
Crl.A.No. /2017 tto be registered and numbered)
Letthe appeal be registered and numbered. The appealis allowed and
2017:DHC:8590 the impugned order dated 03.02.2015 rendered by the learned Metropolitan
Magistrate-01(Central),Delhi,in CC No.231/1/14 ofPS Prasad Nagar i.e. complaint under Section 138 ofthe Negotiable Instruments Act, moved by the petitioner/ appellant is set aside and the matter is remanded back to the learned Metropolitan Magistrate for re-determination on merits afresh without in any manner being influenced by the impugnedjudgment. It shall be open to the parties to raise their pleas in appeal.
The parties shall appear before the learned CMM concerned on
03.02.2017. The respondent shall stand exempted from appearance from the trial courtsincethe matter would now come up for final arguments.
The trial courtrecord be sent back forthwith.
VIPIN SANGHI,J JANUARY 18,2017 si 2017:DHC:8590
18.01.2017 Atthe outset,learned senior counselfor the respondent has submitted thatthe impugned order cannot be sustained onthe reasoning adopted by the learned Metropolitan Magistrate. He has, therefore, conceded that the impugnedjudgment may be set aside and the matter may be remanded back to the learned Metropolitan Magistrate for re-determination of the case on merits without in any manner being influenced by the impugnedjudgment.
Accordingly,leave granted.
Crl.A.No. /2017 tto be registered and numbered)
Letthe appeal be registered and numbered. The appealis allowed and
2017:DHC:8590 the impugned order dated 03.02.2015 rendered by the learned Metropolitan
Magistrate-01(Central),Delhi,in CC No.231/1/14 ofPS Prasad Nagar i.e. complaint under Section 138 ofthe Negotiable Instruments Act, moved by the petitioner/ appellant is set aside and the matter is remanded back to the learned Metropolitan Magistrate for re-determination on merits afresh without in any manner being influenced by the impugnedjudgment. It shall be open to the parties to raise their pleas in appeal.
The parties shall appear before the learned CMM concerned on
03.02.2017. The respondent shall stand exempted from appearance from the trial courtsincethe matter would now come up for final arguments.
The trial courtrecord be sent back forthwith.
VIPIN SANGHI,J JANUARY 18,2017 si 2017:DHC:8590
JUDGMENT