NITESH YADAV Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The Criminal Misc. (Main) Petition under Sec. 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C." hereinafter) read with Article 227 of the Constitution of India has been filed seeking setting aside of Order dtd. 17/2/2021 of the learned Additional Sessions Judge in Crl. Revision Petition No. 260/2018, set aside the Order dtd. 24/9/2019 of learned Metropolitan Magistrate directing summoning of Respondent No.2 ' Sonu Rana, and discharged him in theComplaint under Sec. 138 of the Negotiable Instruments Act, 1881 (henceforth referred to as the 'NI Act")

(2.) Briefly stated, the Complainant, Nitesh Yadav filed a Complaint under Sec. 138 of the NI Act was filed against Respondent No.2 Sonu, on the averments that a cheque of Rs.4,65,000.00 issued in discharge of a loan liability of Rs.5,00,000.00 granted to Respondent No.2- Sonu Rana through his Cousin Brother ' Abhishek Malik, on presentation got dishonoured with the remarks 'payment stopped by the Drawer'.

(3.) Respondent No.2- Sonu Rana was summoned on 24/9/2019. He sought discharge under Sec. 138 NI Act on the ground that the cheque in question had an over written date which is a material alteration rendering the cheque as void in terms of Sec. 87 of NI Act.