szó percenként
206
Darsh_KEWAT
00:00
Sebesség
The present appeal has been preferred by the appellant/complainant against the impugned judgment and order passed by the court of Shri Rupinder Singh Dhiman, Ld. MM, North East, KKD, Delhi, dismissing the complaint case of appellant filed under NI Act and acquitting the accused/respondents. The facts giving rise to the present appeal are that the accused/respondent no. 1 is a partnership firm and accused/respondents partners. Respondent no. 3 approached the appellant for financial assistance stating that they had received bulk order and assured him of profits of 4% on the amount taken. He further undertook to return the said amount in 20 equal monthly installments. Respondents visited the appellant and made payment profit of as agreed. They again visited the appellant and paid An agreement/MOU was executed between the parties in this regard and respondents handed over a post-dated cheque bearing to the appellant. averred that again on request of respondents, appellant gave another sum they were facing shortage of funds in their business. Respondents made payment of against due amount against due amount The advance was agreed to be adjusted in the next due payment. A fresh agreement was executed mentioning the factum of grant of Rs.6 lacs by the appellant as also correcting the date of loan which was written instead The respondents but started default in payment thereafter. They made payments and transferred through NEFT against due amount Respondents handed over cheques bearing drawn on HDFC Bank for Rs.3 lacs and Rs.2 lacs respectively but they got dishonoured upon presentation. Thereafter the appellant presented the security cheque The respondents were summoned for the said offence on the basis of the pre-summoning evidence led by the appellant, a notice under Cr.PC was served upon the respondents wherein respondents pleaded not guilty and claimed trial. However, he admitted his signatures and his bank details on the said cheque but denied to have filled the same. He stated that he had given the cheque in question to the appellant/complainant as security for taking Rs.35 lacs from him. He further stated that appellant/complainant paid only Rs.12 lacs in cash to him in his office in the year 2016 and they did not have any other transaction. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server and lastly in OnLine SC 2356 passed by the Honble Supreme Court, wherefrom it is clear that an arrestee like the applicant is to be mandatorily supplied 'grounds of arrest in writing language he understands, the applicant deserves to be granted regular bail. Per contra, learned APP relying upon the Status Report submits that the applicant was informed of the 'grounds of arrest' orally. She submits that mere absence of furnishing of the same in writing does not ipso facto render the arrest illegal, unless it results in demonstrable prejudice or denial of fair opportunity to defend. Moreover, since 1097gm of 'Heroin' has been affected from the applicant, which involve grave and serious allegations, as also attract the rigours of the NDPS Act, the present application deserves dismissal. This Court has heard the learned the applicant State and perused the documents on record. The Hon'ble Supreme Court in (supra) held that non-furnishing of grounds arrestee in writing in a language s/he understands would tantamount to infringement of their fundamental rights under the Constitution of India, and render such an arrest illegal. The Hon'ble Supreme Court in Prabir Purkayastha (supra) reiterated the same view, includes arrests circumstances, irrespective of the Statute involved. In fact, the Hon'ble Supreme Court reiterated the said position. Therefore, there is no qualm that 'grounds of arrest' supplied in writing arrestee like the applicant. As such, non- The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the furnishing of the said 'grounds of arrest' to an arrestee like the applicant in writing contravenes the provisions under Article(s) of the Constitution of India. subject to him furnishing a personal bond in the sum of (Rupees Fifty Thousand Only) alongwith one surety of the like amount family member/friend having pending against him and subject to satisfaction of the learned Trial Court, the following conditions:- Applicant shall NCT of Delhi without prior permission concerned Court and shall ordinarily reside address as per TCR and shall surrender Passport,