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2024 Supreme(SC) 108

VIKRAM NATH, SATISH CHANDRA SHARMA
Atamjit Singh – Appellant
Versus
State (NCT of Delhi) – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sudeep Sehgal, Sandeep Singh.
For the Respondents: Vikramjit Banerjee, Mukesh Kumar Maroria, Bharat Sood, Saransh Kumar, Vishnu Shankar Jain, Shaurya Rai, Madhav Sinhal, Deeksha Ladi Kakar.

ORDER :

1. Leave granted.

2. This is an appeal instituted at the instance of the original complainant of a complaint lodged under inter-alia Section 138 of the Negotiable Instruments Act, 1881 (the “NI Act”) (the “Underlying Complaint”) assailing an order dated 06.09.2022 passed by the High Court of Delhi (the “High Court”) in Crl. M.C. No. 556 of 2019 whereunder the High Court quashed an order dated 03.08.2017 passed by the Metropolitan Magistrate-10, South-East, Saket Court (the “Trial Court”) summoning Mr. Amrit Sandhu Coaster/Respondent No. 2 in relation to the commission of an offence under Section 138 of the NI Act (the “Impugned Order”).

3. The High Court by way of the Impugned Order deemed it appropriate to quash the underlying proceedings on the principal premise that as on the date of the issuance of the summoning order, the underlying debt and/or liability qua Respondent No. 2 was time barred.

4. Prima-facie from the materials placed before us, it is revealed that pursuant to various transactions entered into by and between the (i) Appellant; (ii) Respondent No. 2 and (iii) Jasween Sandhu i.e. Accused No. 2 in the Underlying Complaint, allegedly pertaining to year 2011, the

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