Delhi High Court - Orders
Raminder Kaur vs Davinder Kaur Anand on 19 October, 2023
Author: Amit Sharma
Bench: Amit Sharma
$~49
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 7725/2023 & CRL.M.A. 28769/2023 (Stay)
RAMINDER KAUR ..... Petitioner
Through: Mr. Biswajit Kumar Patra, Advocate.
versus
DAVINDER KAUR ANAND ..... Respondent
Through: None.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
ORDER
% 19.10.2023 CRL.M.A. 28768/2023 (Exemption)
1. Exemption allowed, subject to just exceptions.
2. The application is accordingly disposed of. CRL.M.C. 7725/2023 & CRL.M.A. 28769/2023 (Stay)
3. The present petition under Section 482 of the Cr.P.C. seeks the following prayers:
"a. set aside the order dated 18.04.2023 passed by the Sh. Lokesh Kumar Sharma, Ld. ASJ (SFTC), Dwarka Courts, New Delhi, in Criminal Revision Petition No. 223/2023; and b. set aside the Notice U/s 251 Cr.P.C. dated 06.02.2023 framed by the Ld. MM, Sh. Nidish Kumar Meena, Ld. MM (NI Act), Digital Court- 03, (South-west) Dwarka Court, New Delhi against the Petitioner for commission of offence u/s 138 NI Act; and c. set aside the Order taking cognizance dated 10.09.2021 by the Ld. MM, Sh. Nidish Kumar Meena, Ld. MM (NI Act), Digital Court-03, (South-west) Dwarka Court, New Delhi; and d. Quash Complaint bearing CC No.15374/2021 titled as "Davinder Kaur Anand vs. Raminder Kaur" pending in the court of Ld. MM, Sh.
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 20/10/2023 at 00:33:25 Nidish Kumar Meena, Ld. MM (NI Act), Digital Court-03, (South- west) Dwarka Court, New Delhi and all other proceedings emanating therefrom; and e. Pass any other or further order(s) as this Court may deem fit and proper."
4. Learned counsel appearing on behalf of the petitioner submits that vide the impugned order dated 18.04.2023, Sh. Lokesh Kumar Sharma, learned ASJ (SFTC), Dwarka Courts, New Delhi, in Criminal Revision Petition no. 223/2023 dismissed the petition filed at the instance of the petitioner challenging the notice framed under Section 251 of the Cr.P.C., vide order dated 06.02.2023 passed by the learned Metropolitan Magistrate in CC No. 15374/2021 filed at the instance of respondent herein, under Section 138 of the Negotiable Instruments Act, 1881.
5. Learned counsel for the petitioner draws attention of this Court to return memo dated 01.03.2021 with respect to the subject cheque wherein it has been endorsed that the cheque has been returned for „kindly contact drawer/drawee bank and please present again'. Learned counsel for the petitioner relies upon a judgment dated 13.12.2022, passed by the Hon‟ble High Court for the State of Telangana at Hyderabad, in Criminal Petition no. 3492/2022, in case titled „D.S Shridhar v. P. John & Another‟, wherein it has been held as under:
"5. As stated in the complaint, the question of returning the cheque for „insufficient funds‟ does not arise. As seen from the cheque return memo, the reason of „funds insufficient‟ is number 6. The Bank has returned twice for the reason 19 stating „kindly contact drawer/drawee bank and please present again‟ which was handwritten. When the reason for returning the cheque does not confirm to the twin requirements mentioned under Section 138 of the Negotiable Instruments Act or if the account is closed and payment stopped by drawer as stated by the Hon‟ble Supreme Court, the reason mentioned by the Banker to contact the drawer or drawee bank and present again 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 20/10/2023 at 00:33:25 will not amount to a reason for which, the prosecution under Section 138 of the Negotiable Instruments Act can be launched.
6. If the complainant is aggrieved and in the facts of the case is made out, complainant is at liberty to prosecute accordingly. Since there are no ingredients to launch prosecution under Section 138 of the Negotiable Instruments Act, the proceedings against the petitioner are liable to be quashed."
6. Issue notice.
7. On the petitioner taking necessary steps, issue notice to respondent through all permissible modes, including electronic mail, if any, returnable on 12.01.2024.
8. In the meantime, proceedings before the learned Trial Court shall remain stayed qua the petitioner till the next date of hearing.
9. Order be uploaded on the website of this Court, forthwith.
AMIT SHARMA, J OCTOBER 19, 2023/bsr 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 20/10/2023 at 00:33:26