Indian Kanoon - Search engine for Indian Law

Delhi High Court - Orders

Devender Kumar Jain vs Bansal And Company & Anr on 27 September, 2021

Author: Yogesh Khanna

Bench: Yogesh Khanna

                                $~39
                                *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                +    CRL.M.C. 2325/2021
                                     DEVENDER KUMAR JAIN                                 ..... Petitioner
                                                       Through : Mr.Vedant Singh, Mr.Vinay Kumar
                                                                   Dubey, Mr.Lokender Singh Rathore,
                                                                   Mr.Vishisht Singh and Mr.Prateek
                                                                   Tiwari, Advocates.
                                                       versus
                                     BANSAL AND COMPANY & ANR.                   ..... Respondents
                                                       Through : Mr.Shekhar Gupta, Advocate for R1.
                                     CORAM:
                                     HON'BLE MR. JUSTICE YOGESH KHANNA
                                                       ORDER

% 27.09.2021

1. The hearing has been conducted through Video Conferencing.

2. Exemption allowed, subject to all just exceptions.

3. The application stands disposed of.

CRL.M.C. 2325/2021 & Crl.M.A.No.15430/2021

4. Petitioner files this petition for quashing of the summoning order dated 09.08.2018 passed by the learned Trial Court in CC No.3708/2018 filed by respondent under Section 138 NI Act.

5. The learned counsel for the petitioner submits petitioner had voluntarily retired in the year 2017 i.e. much before the issuance of the cheque in question and there is no allegations against him in complaint, hence he could not be made liable for the offence under Section 138 NI Act.

6. The learned counsel for the respondent appearing on advance notice submits the petition is bad on account of latches as the summoning order is dated 09.08.2018 and thereafter the petitioner joined the mediation proceedings; whereas the petitioner has placed only the copies of order dated Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:28.09.2021 14:51 09.08.20218 and 14.12.2018, but no subsequent orders showing the joining of mediation proceedings have been placed on record. Further, even the other director of the respondent has not been impleaded.

7. As sought, let amended memo of parties along with copies of order sheets necessary for adjudication of the present petition, be filed within two weeks from today.

8. List again on 26.11.2021.

YOGESH KHANNA, J.

SEPTEMBER 27, 2021 M Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:28.09.2021 14:51