SHRI SARVESH PURI Vs. SHRI RISHAB KUMAR

JUDGEMENT

(1.) The present petition has been filed under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'BNSS') seeking the quashing of the Complaint Case under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'NI Act'), Summoning Order dtd. 6/12/2022 of the Ld. Metropolitan Magistrate, New Delhi, and all incidental proceedings emanating therefrom.

(2.) The facts in brief, are the Respondent/Mr. Rishab Kumar (Complainant), Petitioner/Mr. Sarvesh Puri (Accused No. 1), and one Mr. Prakhar Sahani was well acquainted and maintained cordial relations for an extended period. The Complainant and Mr. Prakhar Sahani granted a personal loan of Rs.5,00,000.00 to Mr. Sarvesh Puri, Accused No. 1 at the rate of 4% per month, on 23/8/2017, to be repaid by August 2018.

(3.) Due to an alleged lack of security, the Complainant and Mr. Prakhar Sahani deducted one year's advance interest amount and an amount of Rs.2,60,000.00 was disbursed to the Accused.