ANUJ AHUJA Vs. SUMITRA MITTAL

JUDGEMENT

(1.) By way of the present petitions under Sec. 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 (Sec. 482 of the Code of the Criminal Procedure, 1973), the petitioner, Anuj Ahuja, seeks quashing of two impugned order(s) both dtd. 27/1/2025 passed in C.A. No.138/2024 and C.A. No.139/2024 entitled 'Anuj Ahuja vs. Rajesh Mittal' 'impugned orders' by the learned Addl. Sessions Judge, Rohini Courts, Delhi 'learned ASJ'. Vide the two impugned order(s), the learned ASJ dismissed the application(s) of the petitioner seeking waiver of deposit of 20% of the compensation amount to suspend both the orders of sentence both dtd. 8/7/2024 in Ct. Cas. No.2196/2020 and Ct. Cas. No.2197/2020 passed by the learned Metropolitan Magistrate, Rohini Courts, Delhi 'learned MM', under Sec. 138 of the Negotiable Instruments Act, 1881"NI Act'.

(2.) Pithily put, the disputes inter se petitioner and respondent(s) emanate from two financial transactions between them, however, since the factual assertions and the case of the parties, including the legal issues arising therein are the same and Ms. Sumitra Mittal, the respondent in Crl.M.C. 1327/2025 is the mother of Mr. Rajesh Mittal, the respondent in Crl.M.C. 1341/2025 'respondents', both the petitions have been taken up together and being dealt with vide this common judgment.

(3.) As per the petitioner, he is engaged in real estate business and being acquainted with both respondents in the past, he had taken loans from Mr. Rajesh Mittal from time to time and repaid them within the stipulated time as well. Once both respondents allegedly collectively advanced monetary loan of Rs.53,00,000.00 to the petitioner since, he had incurred losses in his business and also wanted to get his sister married. Against payment thereof, the petitioner issued two post-dated cheques as security bearing nos.47870 and 47871 for Rs.25,00,000.00 and Rs.28,00,000.00 drawn on IDBI Bank, Azadpur, Delhi in the name of the two respondents herein respectively.