Delhi High Court - Orders
Refex Energy Limited & Ors vs Jakson Engineers Limited on 20 May, 2022
Author: Yogesh Khanna
Bench: Yogesh Khanna
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 1381/2021 & CRL M.A. No.8625/2021
REFEX ENERGY LIMITED & ORS. ..... Petitioners
Through: Ms.Pratishtha Vij and Mr.Abhinav
Mukerji, Advocates.
versus
JAKSON ENGINEERS LIMITED ..... Respondent
Through: Mr.Manish K Jha, Advocate.
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
ORDER
% 20.05.2022
1. The core-issue involved in this matter is if the subsequent payments in lieu of the dishonoured cheque would absolve the petitioner/accused from liability and criminal offence. The learned counsel for the petitioner submits part of the cheque amount has since been paid, the complaint under Section 138 NI Act in respect of cheque in question should go; whereas the learned counsel for the respondent relying upon Rajneesh Aggarwal vs Amit J Bhalla AIR 2001 SC 518 says making of payment subsequent to filing of the complaint under Section 138 NI Act will not absolve the accused from the criminal liability.
2. Since, out of the cheque amount of Rs.1.73 Crores, a sum of Rs.1.30 Crores have already been paid by the petitioner to respondent, hence it would be appropriate if the learned counsel for parties seek instructions as to if they are inclined to settle the matter through mediation.
3. List for this limited purpose on 30.05.2022.
YOGESH KHANNA, J.
MAY 20, 2022 M Signature Not Verified Digitally Signed By:PRADEEP SHARMA Signing Date:21.05.2022 12:48