$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010921762025 + BAIL APPLN. 4477/2025 & CRL.M.A. 34639/2025 RAKESH SETHI .....Petitioner Through: Mr. Akshat Chawla, Adv. versus STATE (NCT OF DELHI) .....Respondent Through: Ms. Richa Dhawan, APP. Mr. Shaurya Dogra and Ms. Pooja Kasana, Advs. for R-2. CORAM: HON'BLE MS. JUSTICE MADHU JAIN O R D E R % 11.08.2026 1. This hearing has been done through hybrid mode. 2. The present application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), seeking grant of anticipatory bail in FIR No. 594/2025 registered at Police Station Kalkaji, New Delhi, for the offence punishable under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as ‘BNS’). 3. Learned counsel for the Applicant submits that the entire amount was paid to the Applicant in cash, amounting to Rs. 1.6 crores, and thereafter, the Applicant issued cheques to the Complainant, which shows his intention to pay back the money. It is submitted that the amount has now become an enforceable debt and no offence under Section 420 IPC (corresponding to Section 318(4) BNS) is made out. This is a digitally signed order. 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 on 13/08/2026 at 10:59:44 4. He further submits that the mediation between the parties failed as the Complainant and his family members had uploaded certain videos pertaining to the Applicant on their social media accounts, defaming the Applicant and his family members, for which the Applicant had only sought an apology from the Complainant and thereafter was ready to make the payment. 5. Learned counsel for the Applicant also submits that he is 63 years of age and is suffering from various age-related ailments. 6. Per contra, learned APP for the State submits that the Applicant duped the Complainant of Rs. 1.6 crores and is not joining the investigation despite notices having been issued twice, and his custodial interrogation is necessary. He further submits that there is one more FIR against the present Applicant wherein, using the same modus operandi, he duped the Complainant. 7. Learned counsel for the Complainant submits that the mediation failed as the Applicant stated that the Complainant and his family should first apologise to him and thereafter only would he make the payment. 8. He further submits that there are not only one but eight more complaints filed by different persons against the Applicant at different police stations. He submits that the Applicant uses the same modus operandi to cheat innocent persons and the interim protection granted by this Court has also been misused, as the parties have failed to reach any settlement. 9. He further submits that, as per the proposal sent by the Applicant himself, he was to pay a sum of Rs. 48 lakhs by today to the Complainant and his family members, but not a single penny has been paid by him, except for a sum of Rs.16 lakhs which has been deposited by him in the Registry as per the orders of the Court. 10. I have heard counsel for both the parties as well as learned APP for the This is a digitally signed order. 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 on 13/08/2026 at 10:59:44 State. 11. The Applicant is alleged to have cheated the Complainant of an amount of Rs. 1.6 crores. As per the Status Report filed by the State, his custodial interrogation is necessary to recover the amount. The fact that he is involved in one more case and that there are eight complaints pending against the Applicant at different police stations also cannot be ignored by this Court. 12. Though learned counsel for the Applicant submits that all these complaints were filed by the relatives of the Complainant after the complaint in the present case, he has nowhere stated that all these complaints are false. The fact also cannot be ignored that one more FIR of 2023 is pending against the Applicant wherein he has adopted the same modus operandi. 13. In view of the above, this Court is not inclined to grant the discretionary relief of anticipatory bail to the Applicant. 14. Accordingly, the present application is dismissed. Pending application(s), if any, also stand disposed of. 15. Nothing stated herein shall be construed as an expression of opinion on the merits of the case, and the observations made herein are only for the purpose of deciding the present application. 16. The order be uploaded on the website forthwith. MADHU JAIN, J AUGUST 11, 2026/JYH/m This is a digitally signed order. 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 on 13/08/2026 at 10:59:44