Delhi High Court - Orders
Manish Gupta vs State Nct Of Delhi And Anr on 30 November, 2022
Author: Jasmeet Singh
Bench: Jasmeet Singh
$~43
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 6375/2022
MANISH GUPTA ..... Petitioner
Through: Mr Honey Taneja, Adv.
versus
STATE NCT OF DELHI AND ANR ..... Respondents
Through: Ms Manjeet Arya, APP for State
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
ORDER
% 30.11.2022
CRL.M.A. 24893/2022
Exemption allowed, subject to all just exceptions. The application stands disposed of.
CRL.M.C. 6375/2022This is a petition seeking quashing of proceedings of the Complaint Case being CC No. 124994 of 2018 titled „Shree Rani Sati Foods Private Ltd. v. Manish Gupta‟, under section 138 of Negotiable Instruments Act, 1881, pending in the Court of learned Metropolitan Magistrate-02, North West District, Rohini Courts, Delhi.
It is stated by Mr Taneja, learned counsel for the petitioner that in the present case the State Bank of Patiala got merged with State Bank of India and w.e.f. 31.03.2018, the cheques issued by State Bank of Patiala were no longer a valid instrument. In this view of the matter, the complaint itself is misconceived as the cheque was presented in August, 2018 when the cheque Signature Not Verified Digitally Signed byAMIT ARORA Signing Date:06.12.2022 16:59:08 was an invalid instrument. He further states that it was not because of his doing that the cheque has become invalid and incapable of encashment.
For the aforesaid reasons, issue notice.
Ms Manjeet Arya, learned APP accepts notice on behalf of the State. Notice be issued to respondent No.2 by all modes including electronic on the petitioner taking requisite steps within one week from today, returnable on 16.03.2023.
CRL.M.A. 24892/2022 (for stay) This is an application seeking stay of proceedings in Complaint Case being CC No. 124994 of 2018 titled „Shree Rani Sati Foods Private Ltd. v. Manish Gupta‟, under section 138 of Negotiable Instruments Act, 1881, pending in the Court of learned Metropolitan Magistrate-02, North West District, Rohini Courts, Delhi.
In the present case, the cheque on the date of presentation had become invalid on account of State Bank of Patiala merging with State Bank of India. Prima facie, the petitioner cannot be prosecuted as it is not because of him that the cheque has become an invalid instrument.
My attention has also been drawn to para 4 of the complaint wherein the respondent No.2 has himself stated that the petitioner had handed over the cheque in question in the month of September, 2016 when the cheque was a valid instrument.
For the aforesaid reasons, issue notice.
Ms Manjeet Arya, learned APP accepts notice on behalf of the State. Notice be issued to respondent No.2 by all modes including electronic on the petitioner taking requisite steps within one week from today, returnable on 16.03.2023.
Signature Not Verified Digitally Signed byAMIT ARORA Signing Date:06.12.2022 16:59:08Till the next date of hearing, the proceedings in Complaint Case being CC No. 12494 of 2018 titled „Shree Rani Sati Foods Private Ltd. v. Manish Gupta‟, under section 138 of Negotiable Instruments Act, 1881, pending in the Court of learned Metropolitan Magistrate-02, North West District, Rohini Courts, Delhi shall remain stayed.
List on 16.03.2023.
JASMEET SINGH, J NOVEMBER 30, 2022 sr Click here to check corrigendum, if any Signature Not Verified Digitally Signed byAMIT ARORA Signing Date:06.12.2022 16:59:08