Mohd Kashif vs. Maryam Minor Thr. Guardian
AI Summary
Get an AI-powered analysis of this court order
Order Issued After Hearing
Purpose:
First Hearing
Listed On:
30 May 2024
Original Order Copy
Get a certified copy of this order
Order Text
$~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 4595/2024
MOHD KASHIF ..... Petitioner Through: Mr. Imran Ahmad, Adv. with the petitioner in person.
versus
MARYAM MINOR THR. GUARDIAN & ANR. ..... Respondents
Through:
CORAM: HON'BLE MR. JUSTICE AMIT MAHAJAN O R D E R % 30.05.2024
CRL.M.A. 17280/2024 (exemption from filing the certified copies of the annexures)
-
Exemption allowed, subject to all just exceptions.
-
The application stands disposed of.
CRL.M.C. 4595/2024 & CRL.M.A. 17279/2024
-
The present petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (CrPC), seeking quashing of criminal complaint case being Ct. Case No. 2546/2023 titled as Ms Maryam Minor Through Her Gaurdian v. Mohd Kashif, under Section 138 of the Negotiable Instruments Act, 1881 (NI Act).
-
The learned counsel for the petitioner submits that the complainant is admittedly minor and thus, could not have entered into any contract or agreement for giving the alleged loan to the petitioner.
-
He submits that agreement entered into by a minor is void.
This is a digitally signed order.
He relies upon the order dated 15.02.2024 passed by the Hon'ble Apex Court in the case of Krishnaveni v. M.A.Shagul Hameed & Anr. in Civil Appeal No. 2591/2019, to contend that even if the agreement is for the benefit of the minor, the same cannot be enforced being void.
-
Issue notice.
-
On petitioner taking steps, let notice be served through all permissible modes.
-
The petitioner is exempted from appearance before the learned Trial Court on the next date of hearing.
-
List on 03.10.2024.
AMIT MAHAJAN, J
MAY 30, 2024 'KDK'