Delhi High Court - Orders
R.K. Jain vs Smt Manju Bajad And Anr on 8 October, 2021
Author: Anu Malhotra
Bench: Anu Malhotra
$~26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 2427/2021
R.K. JAIN ..... Petitioner
Through: Ms.Sangeeta Jain, Advocate
versus
SMT MANJU BAJAD AND ANR. ..... Respondents
Through: None.
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
ORDER
% 08.10.2021 (Through Video Conferencing) Crl.M.A. No.15988/2021 Exemption allowed, subject to just exceptions. Crl.M.C. No. 2427/2021 and Crl.M.A. No. 15987/2021(Stay) The submissions have been made on behalf of the petitioner. The petitioner places reliance on the proceedings dated 23.5.2012 in Company petition No.262/2012 with inter alia reliance placed on the verdict of this Court in M.L.Gupta & Anr. V. Ceat Financial Services Ltd. 136 (2007) DLT (Crl.) 174 and the verdict of this Court in M/s Vijay Steel Tubes & Fittings Pvt. Ltd. V. Apollo Pipe Limited in W.P.(Crl.) 1821/2014 decided on 5.8.2015, submitting to the effect that the cause of action for institution of the complaint under Section 138 of the Negotiable Instruments Act, 1881, arises only after notice of dishonour of the cheque was given and the payment not being made within 15 days of the receipt of the said notice.
It is submitted on behalf of the petitioner that the impugned cheques Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:08.10.2021 17:52:40 This file is digitally signed by PS to HMJ ANU MALHOTRA.
in the instant case were returned on 8.5.2012 with the notice of dishonour was sent on 17.5.2012 and through speed post on 18.5.2012 and that the company P.R.J. Enterprises Ltd. had gone into liquidation on 23.5.2012 and that the petitioner did not even have a period of 15 days for the response to the notice issued after the alleged dishonour of the cheque on 8.5.2012.
Inter alia it has been submitted on behalf of the petitioner that vide the impugned order it has been observed to the effect that the proceedings against the accused cannot be dropped at the stage of framing of notice in the summons case, in view of the verdict in R.K.Aggarwal V. Brig. Madan Lal Nasa and Anr. in Crl.M.C. No. 1507/2015 as well as in view of the verdict of the Hon'ble Supreme Court in the matter of Arvind Kejriwal V. Amit Sibal and Anr. 2014 1 High Court Cases (Del.) whilst setting aside the verdict of this Court has observed to the effect that the magistrate has no power to discharge an accused in a summons case based on a complaint,.
Notice of the petition and the accompanying application Crl.M.A. No. 15987/2021 is thus directed to be issued to the respondent on taking of steps by the petitioner, returnable for 29.11.2021 till which date the proceedings before the learned Trial court are stayed.
ANU MALHOTRA, J OCTOBER 8, 2021/sv Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:08.10.2021 17:52:40 This file is digitally signed by PS to HMJ ANU MALHOTRA.