$~89 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4613/2026 and CRL.M.A. 19201/2026 PARTHA KUMAR KALI .....Petitioner Through: Mr. Mayank Sharma, Advocate. versus M/S CANARY AGRO CHEMICALS PVT LTD .....Respondent Through: Sh. Akshat Garg and Sh. Sohit Jaiswal, Advocates. CORAM: HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV O R D E R % 07.07.2026 CRL.M.A. 19200/2026 (for exemption) 1. Exemption allowed, subject to all just exceptions. 2. The application stands disposed of. CRL.M.C. 4613/2026 and CRL.M.A. 19201/2026 1. The petitioner on the strength of the decision of the Supreme Court in case of Dashrathbhai Trikambhai Patel vs Hitesh Mahenrabhai Patel1 submits that the payment which was made by the petitioner before the cheque was presented for encashment should have been clearly reflected in the instrument in terms of the provisions of Section 56 of the Negotiable Instrument Act, 1881 (‘NI Act’). The petitioner, therefore, contends that having failed to do so, should result in dismissal of the complaint. 1 MANU/SC/1294/2022 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 09/07/2026 at 10:45:59 2. Section 56 of the NI Act is extracted as under:- “56. No writing on a negotiable instrument is valid for the purpose of negotiation if such writing purports to transfer only a part of the amount appearing to be due on the instrument; but where such amount has been partly paid, a note to that effect may be indorsed on the instrument, which may then be negotiated for the balance.” 3. The Court, however, finds that the issue raised by the petitioner can be considered by the competent Court during the course of trial. 4. Accordingly, while granting liberty to the petitioner to raise the aforesaid issue before the concerned competent Court, the present petition stands disposed of. All pending applications, if any, shall also stand disposed of. 5. The concerned competent Court shall consider the issue, if raised by the petitioner, in accordance with law. 6. All rights and contentions of the parties are left open. PURUSHAINDRA KUMAR KAURAV, J JULY 7, 2026 Nc 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 09/07/2026 at 10:45:59