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M/S Servotech Power Systems Ltd & Anr vs State Of Nct Of Delhi & Anr on 27 January, 2023

Author: Anup Jairam Bhambhani

Bench: Anup Jairam Bhambhani

                          $~29
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      CRL.M.C. 535/2023
                                 M/S SERVOTECH POWER SYSTEMS LTD & ANR.
                                                                                       ..... Petitioners
                                                    Through:     Mr. Kamal Gupta, Advocate with Mr.
                                                                 Neeraj Gupta, Advocate.

                                                    versus

                                 STATE OF NCT OF DELHI & ANR.              ..... Respondents
                                               Through: Ms. Meenakshi Dahiya, APP for the
                                                         State.

                                 CORAM:
                                 HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
                                                    ORDER

% 27.01.2023 Crl. M.A. No.2128/2023 (exemption) Exemption granted, subject to just exceptions. Let requisite compliances be made within 01 week. The application stands disposed of.

Crl. M.C. 535/2023 and Crl. M.A. No.2129/2023 (stay) By way of the present petition under section 482 of Code of Criminal Procedure 1973, the petitioners seek quashing of proceedings in C.C. No.3893/2018 filed under section 138 of the Negotiable Instruments Act, 1881 and also setting-aside of summoning order dated 21.08.2018 and subsequent order dated 03.12.2022, rejecting their application seeking discharge.

2. Mr. Kamal Gupta, learned counsel for the petitioners submits that the genesis of the matter is a cheque for Rs.5,40,818/- which was issued by petitioner No.1 to respondent No.2, in discharge of a commercial debt. Counsel submits that the cheque was dated 10.03.2018; was presented and dishonoured on 13.03.2018; but that, as evidenced by petitioner No.1's bank statement and also acknowledged in the ledger account maintained by respondent No.2, the said sum of Rs.5,40,818/- was duly paid by petitioner No. 1 to respondent No. 2 through RTGS on 20.03.2018. It is submitted, that that notwithstanding, respondent No.2 re-presented the same cheque on 08.06.2018 even though payment against it had been duly received, which cheque was then returned by the bank since payment had been 'stopped by the drawer'.

3. Counsel submits, that having rejected the discharge application, the matter is now posted before the learned Metropolitan Magistrate for framing of charge on 09.02.2023.

4. Upon a prima facie conspectus of the matter, issue notice.

5. Ms. Meenakshi Dahiya, learned APP appears for the State on advance copy; accepts notice; and submits that the State has no role in the matter.

6. Upon the petitioners taking steps, let notice be sent to respondent No.2, by all permissible modes, for the next date.

7. Let the notice indicate that reply to the petition be filed within 06 weeks of service; rejoinder thereto, if any, be filed within 04 weeks thereafter; with copies to the opposing counsel.

8. Re-notify on 21st April 2023.

9. In view of the foregoing position, on a prima facie view of the matter, further proceedings in C.C.No. 3893/2018 before the learned Metropolitan Magistrate shall remain stayed, till the next date of hearing before this court.

ANUP JAIRAM BHAMBHANI, J JANUARY 27, 2023 Ne Signature Not Verified Digitally Signed By:NEERAJ Signing Date:01.02.2023 Crl. M.C. 535/2023 Page 3 of 3 12:28:03