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Inderjeet Singh Maggon Versus Harash Suri

2016 (10) TMI 151 - DELHI HIGH COURT

Bouncing of cheques given by the petitioner to the respondent herein in lieu of friendly loan - Held that:- This Court appreciate with the submission of the petitioner herein that it is a settled proposition of law that the admission made by a party need not be proved. The settled proposition of law cannot be applied only for a particular party, rather it applies to all. What this Court observes from the perusal of the Undertaking dated 15.02.2013, sought to be brought on record by the responden .....

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from the perusal of the impugned order, this Court observes that the learned Metropolitan Magistrate has exercised his discretion under Section 311 of Cr.P.C. while discussing the settled law that no party should suffer loss and the best possible evidence should be brought before the Court by respective parties to prove their points of contention. This Court does not find any irregularity or infirmity in the said order. - It is also a settled principle that the Trial Court has been given an .....

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ady vested with a right to cross-examine the respondent in the case, therefore no question of any prejudice seems to be caused to the petitioner herein. - CRL.M.C. 2927/2016 - Dated:- 30-9-2016 - MR. P.S. TEJI J. Petitioner Through: Mr.Arun Baali, Mr.Siddharth Yadav and Mr.Jaskaran Singh, Advs. Respondent Through: None. JUDGMENT P.S.TEJI, J. 1. By this petition filed under Article 227 of the Constitution of India read with Section 482 of Cr. P.C. the petitioner is seeking an order thereby chal .....

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t from the aforesaid case for recovery of sum of ₹ 18 lacs, another complaint under Section 138 of NI Act is also pending against the petitioner, which was filed by one Shri Yogender Verma for recovery of ₹ 19.5 lacs. The respondent in the present case has got the copy of the undertaking given by the petitioner herein to Shri Yogender Verma admitting the liability towards the respondent and his wife. Though the said Yogender Verma has also filed a complaint under Section 138 of NI Ac .....

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311 of Cr.P.C. for placing the copy of undertaking on the record of his case just to delay the trial. Besides this, it is contended that the complaint under Section 138 of NI Act filed by the wife of the respondent herein has already been dismissed by the trial Court. It is further contended that the respondent has already admitted during his cross-examination that no acknowledgement was given by the petitioner in writing against the alleged loan of ₹ 18 lacs. Moreover, the respondent has .....

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on of law that the admissions made by the party need not to be proved. 4. While challenging the impugned order dated 04.07.2016, learned counsel for the petitioner contended that there was no cogent and sufficient ground for allowing the application under Section 311 of Cr.P.C. filed by the respondent. More so, the trial of the case is at final stage and therefore at the fag end of the trial, the application under Section 311 of Cr.P.C. filed by the respondent could not have been allowed. It is .....

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position of law that the admission made by a party need not be proved. The settled proposition of law cannot be applied only for a particular party, rather it applies to all. What this Court observes from the perusal of the Undertaking dated 15.02.2013, sought to be brought on record by the respondent in his case, which is duly signed by the petitioner herein. There is admission on the part of the petitioner with regard to receipt of dasti loan of ₹ 18 lacs in cash from Harash Suri (respon .....

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