Final Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CA/160/2026
M/s Ali Cold Drinks Pvt. Ltd.
Versus
M/s Varun Beverages Ltd.
Page 1 of 2
12.05.2026
Fresh appeal received by way of assignment. It be checked and registered.
Present : Adv. Vinay Kumar Parihar and Adv. Shalvi Shukla, Ld. Counsels for
the appellants.
Notice not issued to the respondent; matter taken up for decision in
limine)
1. Vide my separate judgment of even date, it is held as follows:
1.1. The present revision petition is not maintainable in view of the binding
judgment of the Hon'ble Supreme Court of India in
Sethuraman v.
Rajamanickam, (2009) 5 SCC 153, as the impugned order dated
25.02.2026 passed by the Ld. Trial Court on an application under Section
348 BNSS is an interlocutory order and revision against it is expressly
barred under Section 397(2) CrPC.
1.2. Without prejudice to the above finding, and even if the revision is
assumed to be maintainable, the same is meritless inasmuch as: (a) the
impugned order suffers from no patent illegality; (b) the
revisionist/accused failed to put any specific questions to the complainant's
AR on either date of cross-examination challenging the completeness of
the account statement vis-à-vis the bank entries; (c) the accused had its
own bank records from which it could have confronted the complainant's
AR, and chose not to; and (d) the Ld. Trial Court has correctly observed
that the bank account statement of the complainant may be summoned
during the defence evidence stage.
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CA/160/2026
M/s Ali Cold Drinks Pvt. Ltd.
Versus
M/s Varun Beverages Ltd.
Page 2 of 2
1.3. Accordingly, the present revision petition is dismissed in limine, both
on the ground of maintainability and on merits, without any costs.
2. A copy of this order be sent to the Ld. JMFC (NI Act)-05, Patiala House
Courts, New Delhi for information and compliance in CC No. 16927/2016,
with a direction to proceed with the matter in accordance with law.
3. The revision file be consigned to the Record Room.
(SAURABH PARTAP SINGH LALER)
ASJ-05/New Delhi District
PHC / New Delhi / 12.05.2026
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