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Mahanagar Telephone Nigam Limited vs M/S Data Access India Ltd & Ors on 26 May, 2022

Author: Asha Menon

Bench: Asha Menon

                          $~12
                          *       IN THE HIGH COURT OF DELHI AT NEW DELHI

                          +       CRL.L.P. 248/2022, CRL.M.A. 10607/2022 (for exemption)
                                  MAHANAGAR TELEPHONE NIGAM LIMITED ..... Petitioner
                                                     Through:      Mr. S.K. Singh & Mr. Rameezuddin
                                                                   Raja, Advocates.

                                                     versus

                                  M/S DATA ACCESS INDIA LTD & ORS.                   ..... Respondents
                                                     Through:      None.

                                  CORAM:
                                  HON'BLE MS. JUSTICE ASHA MENON
                                                     ORDER

% 26.05.2022 CRL.M.A. 10607/2022 (for exemption)

1. Allowed, subject to all just exceptions.

2. The application stands disposed of.

3. This application under Section 378(4) of Cr.P.C. has been filed by the complainant before the learned Trial Court seeking leave to appeal against the judgment dated 20th December, 2019 passed by the learned Metropolitan Magistrate-03, Patiala House Courts, New Delhi, whereby, the learned Trial Court dismissed the complaint case filed by the complainant and acquitted the respondents.

4. Mr. S.K. Singh, learned counsel for the applicant, submits that the learned Trial Court has erroneously concluded that there was no liability, in respect of which, the impugned cheque had been issued, as in the covering letter issued by the respondent while dispatching the cheque in question, there was an acknowledgement of liability. In its notice, the applicant had claimed a sum of Rs.3.35 Crore. In response, the cheque in question had been issued by the respondents also recording that they were reconciling their accounts and the balance would be paid. It is also submitted that as per the accounts maintained by the applicant, a total sum of Rs.2,25,85,460/- was due and payable by the respondents as on 9th August, 2004 and, therefore, when the cheque was issued for a sum of Rs.2,14,67,003/-, it was not as if the cheque amount exceeded the liability as observed by the learned Trial Court.

5. Issue notice to the respondents by all permissible modes, returnable before the next date of hearing.

6. List on 11th October, 2022.

7. Trial Court Records be requisitioned in digital mode before the next date of hearing.

8. The order be uploaded on the website forthwith.

ASHA MENON, J MAY 26, 2022 ck CRL.L.P. 248/2022 Page 2 of 2 Signature Not Verified Digitally Signed By:MANJEET KAUR Signing Date:26.05.2022 18:42:00 Signature Not Verified Digitally Signed By:MANJEET KAUR Signing Date:26.05.2022 18:42:00