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ARTICLE · 02 JANUARY 2024

Dispute Resolution & Arbitration Monthly Update | December 2023

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Sulekh Chand (Respondent) had instituted a complaint under Section 138 of the Negotiable Instruments Act, 1881 (Act) against Payal Malhotra (Petitioner)...

IndiaLitigation, Mediation & Arbitration
Faranaaz Karbhari
Faranaaz Karbhari
Himani Singh Sood
Himani Singh Sood
Rahul Jain
Rahul Jain
Khushboo Rupani
Khushboo Rupani
Mahafrin Mehta
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Akriti Shikha
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Sharan Shetty
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Payal Malhotra v. Sulekh Chand

Delhi High Court | W.P. (CRL) 1366/2023 and CRI. M.A. 12888/2023

Background facts

  • Sulekh Chand (Respondent) had instituted a complaint under Section 138 of the Negotiable Instruments Act, 1881 (Act) against Payal Malhotra (Petitioner) in respect of non-payment against one dishonored cheque amounting to for the amount of INR 5,82,217 issued by the Petitioner in favor of the Respondent. Thereafter, the Metropolitan Magistrate vide an Order dated March 03, 2023 issued summons under Section 138 of the Act requiring the Petitioner to attend the Court.
  • Being aggrieved, the Petitioner filed a petition before the Hon'ble Delhi High Court of Judicature at Delhi, New Delhi (HC) invoking its jurisdiction under Section 482 of the Code of Criminal Procedure, 1972 (CrPC).

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