Delhi High Court - Orders
R.K. Jain vs Manju Bajad And Anr on 1 October, 2021
Author: Anu Malhotra
Bench: Anu Malhotra
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 2278/2021 & CRL.M.A. 15175/2021
R.K. JAIN ..... Petitioner
Through: Ms. Sangeeta Jain, Adv.
versus
MANJU BAJAD AND ANR. ..... Respondents
Through:
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
ORDER
% 01.10.2021 Initial submissions have been made on behalf of the petitioner. The petitioner has inter alia placed reliance on proceedings dated 23.05.2012 in Company Petition 262/2012 with inter alia reliance placed on a verdict of this Court in ML Gupta & Anr. Vs. CEAT Financial Services Ltd. 1 (2007) DLT (CRL) 174 and the verdict of this Court in M/s Vijay Steel Tubes & Fittings Pvt. Ltd. vs. Apollo Pipe Limited in WP (Crl.) 1821/2014, decided on 05.08.2015 submitting to the effect that the cause of action for institution of the complaint under Section 138 of the Negotiable Instrument Act, 1881 arise only after notice of dishonour of the cheque was given and payment not being made within 15 days of the receipt of the said notice.
It has been submitted on behalf of the petitioner that the impugned cheques in the instant case were returned on 21.05.2012 and that the legal notice of dishonour was issued on 04.06.2012 and sent through speed post on 06.06.2012 whereas the company P.R.J. ENTERPRISES LTD. was wound up on 23.05.2012. Inter alia it is submitted on behalf of the petitioner Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:01.10.2021 18:18:21 This file is digitally signed by PS to HMJ ANU MALHOTRA.
that the impugned order dated 09.01.2020 also categorically observes to the effect that the proceedings against the accused cannot be dropped at the stage of framing of the notice in a summon case based on a complaint in view of the verdict R.K. Aggarwal v. Brig. Madan Lal Nasa and Anr. in Crl.M.C. 1507/2015 and the verdict in Arvind Kejriwal v. Amit Sibbal and Anr. 2014 1 High Court cases (Del.) having been set aside by the Hon'ble Supreme Court observing further 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.15175/2021 is thus directed to be issued to the respondent on taking of steps by the petitioner, the process being returnable for 29.11.2021, till which date, the proceedings before the learned trial Court are stayed.
ANU MALHOTRA, J OCTOBER 1, 2021 vm Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:01.10.2021 18:18:21 This file is digitally signed by PS to HMJ ANU MALHOTRA.