Delhi High Court - Orders
Arun Jain vs M/S Adigear International on 28 October, 2025
$~95
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 7574/2025
ARUN JAIN .....Petitioner
Through: Mr. Ayush Jindal, Mr. Siddharth
Bhardwaj, Mr. Pankush Goyal, Mr.
Kartikay Kumar and Mr. Santosh
Kumar Yadav, Advs.
versus
M/S ADIGEAR INTERNATIONAL .....Respondent
Through:
CORAM:
HON'BLE MR. JUSTICE RAVINDER DUDEJA
ORDER
% 28.10.2025 CRL.M.A. 31698/2025 EXEMPTION Allowed, subject to all just exceptions.
The application stands disposed of.
CRL.M.C. 7574/2025 & CRL.M.A. 31697/2025 STAY
1. This is a petition under Section 528 of BNSS for quashing and setting aside of the impugned summoning order dated 11.05.2022 passed by learned MM, NI Act, Rouse Avenue Court in CT Case No. 35841/2016 titled as 'M/S ADIGEAR INTERNATIONAL VS. M/S LILLIPUT KIDSWEAR LTD. AND ORS.' whereby the petitioner has been summoned for the offence punishable under Section 138 NI Act as also the proceedings of the aforesaid complaint case filed under Section 138 NI Act.
2. Learned counsel for the petitioner submits that the cheque in question This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/10/2025 at 22:48:53 was issued on 15.02.2012 by the accused company M/s Lilliput Kidswear Ltd. and Ors, in which the petitioner is the erstwhile Director. He submits that the accused company's bank account was blocked/frozen by the Income Tax Department prior to the presentation of the cheque, thus making it impossible for the petitioner to operate or maintain the account. Since the account was not operable by the petitioner at the time of cheque presentation, no offence under Section 138 of NI Act is made out.
3. It is submitted that petition being Crl. M.C No. 1253/2002 where the same order has been impugned by the co-accused is listed before this Court on 02.02.2026.
4. Issue notice to the respondent through all permissible modes, subject to the petitioner taking the requisite steps, returnable on 02.02.2026.
RAVINDER DUDEJA, J OCTOBER 28, 2025/ib/sk This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/10/2025 at 22:48:53