Delhi High Court - Orders
Siddharth Exports & Anr vs Standard Chartered Bank on 9 October, 2023
$~55
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 7337/2023
SIDDHARTH EXPORTS & ANR. ..... Petitioners
Through: Mr. B.B. Pradhan, Adv.
versus
STANDARD CHARTERED BANK ..... Respondent
Through:
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
ORDER
% 09.10.2023 CRL.M.A. 27360/2023 (exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
CRL.M.C. 7337/2023 & CRL.M.A. 27359/2023 (Stay)
3. The present petition has been filed under Section 482 CrPC seeking quashing of summoning order dated 21.05.2022 passed by Sh. Pankaj Rai, MM-5, (NI Act), Rouse Avenue Court, New Delhi in Criminal Case No. 13585/2018 titled as "Standard Chartered Bank vs. Shiddharth Exports & Anr".
4. The learned counsel for the petitioners submits that in this case the petitioner had issued the NACH mandate in favour of the respondent/complainant in discharge of his liability. However, on presentation the NACH mandate was returned dishonoured for the reason that the account had been frozen and blocked by the Income Tax Authority. He submits that the learned Trial Court has not adverted to this fact while passing the impugned order, in as much as, no reason for dishonouring of 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 12/10/2023 at 11:35:00 the mandate has been mentioned therein.
5. He relies upon the decision of a Co-ordinate Bench of this Court in "Standard Chartered Bank & Anr vs. State & Anr." in Crl.M.C. 137/2004 to contend that since the account of the petitioner had been frozen, the learned Trial Court could not have taken cognizance for the reason that the ingredients of Section 138 of NI Act were not made out as neither the mandate has been dishonoured on account of insufficient funds nor the ECS exceeded the amount arranged to be paid from the account maintained by the petitioner with the drawee bank.
6. On petitioner taking steps, issue notice to the respondent by all permissible modes, returnable on 10.11.2023.
VIKAS MAHAJAN, J OCTOBER 9, 2023/dss 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 12/10/2023 at 11:35:00