$~88 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010436122026 + CRL.M.C. 6832/2026, CRL.M.A. 28540/2026, CRL.M.A. 28541/2026 KARAN MONGIA .....Petitioner Through: Mr. Shikhar Shamra and Mr. J. Judge Rohit, Advs. versus RAVI GAUR & ANR. .....Respondents Through: None CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R % 15.09.2026 1. By virtue of the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner inter alia seeks setting aside of the order dated 11.08.2026 passed by learned JMFC (NI Act)-04, South District, Saket Courts, New Delhi in CC No.6111/2024 titled ‘Ravi Gaur vs. Karan Mongia’. 2. At the outset, learned counsel for petitioner has drawn the attention of this Court to the application dated 10.08.2026 before the learned JMFC under Section 293 read with Section 311 of the Code of Criminal Procedure, 1973 read with Section 45 of the Indian Evidence Act, 1872 and Sections 118/139 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the “application”), wherein following prayers qua cheque as 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 17/09/2026 at 11:26:43 well as the undertaking lying on the Court were sought:- “a) Direct that the cheque in question lying on the court record of the present case be sent to the government run Forensic Science Laboratory for examination and opinion as to whether the handwritten particulars and the signature appearing thereon have been made by one and the same person, and as to the approximate time gap, if any, between the writing of the particulars and the affixing of the signature thereon; b) Direct that the undertaking lying on the court record be sent to the government run Forensic Science Laboratory for examination and opinion as to whether the signatures of the applicant and the sole attesting witness appearing thereon were affixed at or about the same point in time or on separate occasions; c) Pass any other order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case and in the interest of justice.” 3. He submits that the learned Trial Court while passing the impugned order dated 11.08.2026 has only given the findings qua the cheque i.e., prayer (a) only and failed to give any findings qua the undertaking i.e. prayer (b), which was already exhibited by the learned JMFC on 20.09.2024 as ‘Exhibit CW-1/A’. 4. He further candidly submits that he does not seek to challenge the findings qua the cheque i.e. prayer (a) and restricts his grievance only to non-consideration of the aforesaid undertaking. 5. Considering the aforesaid and the factual matrix involved, issuance of notice to the respondent is dispensed with. 6. On account of the facts and circumstances involved coupled with the impugned order under challenge, the present petition is allowed to the extent that the proceedings are remanded back to the learned JMFC to 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 17/09/2026 at 11:26:43 limited extent of adjudicating upon the issue of the aforesaid undertaking in terms of prayer (b) as sought by the petitioner in the application. 7. As such, the present petition, alongwith pending applications, is disposed of in the aforesaid terms. 8. A copy of this order be sent to the learned Principal District and Sessions Judge, Saket Courts, New Delhi for information and compliance. SAURABH BANERJEE, J SEPTEMBER 15, 2026/Ab 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 17/09/2026 at 11:26:43