Anil Kumar vs Princy

ik-144891572 Delhi High Court 2 December 2024 • 17 min read

Judges (1)

Chandra Dhari Singh Delivered

Counsel (7)

Akshit Sawal Counsel Petitioner Ayan Sharma Counsel Petitioner Pallav Gupta Counsel Petitioner Rajni Gupta Counsel Respondent Ravin Rao Counsel Petitioner Shivender Gupta Counsel Respondent Yashasvi Yadav Counsel Petitioner

Parties (2)

Anil Kumar Petitioner Princy Respondent

Case Significance

Anil Kumar vs Princy is a Delhi High Court decision dated December 2, 2024 (citation: ik-144891572). The petitioner sought to set aside a Metropolitan Magistrate's order in a Section 138 NI Act complaint case, where the MM had summoned a bank clerk as a court witness under Section 311 CrPC to bring on record the correct factual position regarding the disputed cheque amount. The Court upheld the MM's exercise of power to summon the bank witness, finding it was in the interest of justice and a fair trial, and noted that the petitioner would have sufficient opportunity to cross-examine the witn The case was heard by Justice Chandra Dhari Singh.

Summary

The petitioner sought to set aside a Metropolitan Magistrate's order in a Section 138 NI Act complaint case, where the MM had summoned a bank clerk as a court witness under Section 311 CrPC to bring on record the correct factual position regarding the disputed cheque amount. The Court upheld the MM's exercise of power to summon the bank witness, finding it was in the interest of justice and a fair trial, and noted that the petitioner would have sufficient opportunity to cross-examine the witness. The petition was dismissed.

What was the outcome of Anil Kumar vs Princy?

The petitioner sought to set aside a Metropolitan Magistrate's order in a Section 138 NI Act complaint case, where the MM had summoned a bank clerk as a court witness under Section 311 CrPC to bring o...

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (ik-144891572)