Kanchan Batra vs M/S Vnd Foods & Ors.
2015 Latest Caselaw 4602 Del

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                   Judgment reserved on:       27.05.2015

                                   Judgment delivered on: 01.07.2015

+      Crl. A. 692/2015

       KANCHAN BATRA                                     ..... Appellant.
                   Through:             Mr. K. N. Popli & Mr. Mohit Popli,
                                        Advocates.

                          versus

       M/S. VND FOODS & ORS.                              ..... Respondents
                     Through:           Mr. Mr. Juggal Wadhwa, Mr. Rishabh
                                        Wadhwa and Mr. Parth Kaushik,
                                        Advocates for R-1 & 2.
                                        Mr. Rajeev Kumar and Mr. Saurabh
                                        Kumar, Advocates.

     CORAM:
     HON'BLE MR. JUSTICE VIPIN SANGHI

                              JUDGMENT

VIPIN SANGHI, J.

1. The present appeal is directed against the common judgment dated 10.07.2014 passed by the learned Metropolitan Magistrate (NI Act)-041 Tis Hazari Courts, New Delhi in CC No. 5487/11 whereby the complaint preferred by the appellant under Section 138 of the Negotiable Instruments Act (the NI Act), was rejected, and the respondents/accused were acquitted.

2. The facts in the present case are same as in the connected matter titled as Sangeeta Batra vs. M/s VND Foods & Ors, Crl. A. 679/2015. The accused, in lieu of his liability, had issued 12 cheques in favour of each of the five sisters/ owners/ landladies of the property in question. 12 of these cheques were issued in favour of the appellant/ complainant. Of these 60 cheques, 47 got dishonoured upon presentation, leading to filing of 47 separate complaints qua each dishonoured cheque. The details of the complaint, wherefrom the present appeal arises, are as follows:

    CC No.          Complainant         Cheque dated         Cheque No.
5487/11            Kanchan Batra       06.05.2009          017187

3. I have allowed the aforesaid Crl.A. 679/2015 preferred in respect of acquittal of the accused in CC No.76/2010. Following the same, the present appeal is also allowed; the impugned judgment is set aside, and; the respondents/ accused stand convicted of the offence under Section 138 of the NI Act.

(VIPIN SANGHI) JUDGE JULY 01, 2015