CRL.M.C. 5702/2026 1 $~89 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010358852026 + CRL.M.C. 5702/2026 & CRL.M.A. 23820/2026 & CRL.M.A. 23821/2026 VINEESH NAIR .....Petitioner Through: Mr. Daleep Dhyani, Advocate. versus ANOOP KUMAR .....Respondent Through: Appearance not given. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN O R D E R % 06.08.2026 1. Petitioner seeks quashing of complaint filed under Section 138 of Negotiable Instruments Act, 1881. 2. Learned counsel for the petitioner submits that the complaint has been against Mr. Vaneesh Nair, whereas the cheque in question has been issued by Vineesh C.K. He submits that the contentions made in the complaint are false and that though, there is reference of one Sale Deed in the complaint, for the reason best known to the complainant, no copy of such Sale Deed has been placed along with the complaint. It is also contended that agreement dated 21.08.2024, is sham, null and void and, moreover, the cheque in question was an undated security cheque which has been misused. 3. Apparently, all these aspects, being disputed questions of fact, are subject matter of trial and based on the abovesaid contentions, the petitioner cannot seek invocation of inherent powers by filing a petition under Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding Section 428 Cr.P.C.) 4. After hearing arguments for some time, learned counsel for petitioner, 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 11/08/2026 at 11:22:16 CRL.M.C. 5702/2026 2 without prejudice to his rights and contentions, does not press the present petition. He submits that he would raise all the contentions before the learned Trial Court at appropriate stage. 5. Petitioner is, reportedly, resident of Shimla and learned counsel for the petitioner submits that he would file appropriate application before the learned Trial Court seeking his exemption from personal appearance. 6. As and when, any such application is filed, the same shall be considered by the learned Trial Court in accordance with law, after giving due opportunity of hearing to both the sides. 7. Petition is, accordingly, disposed of as, not pressed. 8. All rights and contentions of the parties are left open. MANOJ JAIN, J AUGUST 6, 2026/sw/sa 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 11/08/2026 at 11:22:16