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RAJNISH BHATNAGAR
Awadh Constructions – Appellant
Versus
Amarpreet Shuttering – Respondent
JUDGMENT
Rajnish Bhatnagar, J. - The present petition U/s 482 Cr.P.C. has been filed by the petitioner with the following prayers:-
"a. QUaSH the Criminal Complaint no. CCNI act/4519/2021 filed by the respondent under Section 138 of the Negotiable Instruments act and pending before the court of the learned Chief Metropolitan Magistrate, South-East, Saket, New Delhi;
B. QUaSH the summoning order dated 31.08.2021 passed by the learned Chief Metropolitan Magistrate, South-East, Saket, New Delhi in Criminal Complaint No. CC NI act/$519/2021;
C. Pass any other and/or further order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case and in the facts and circumstances of the present case and in the interest of justice.
2. The brief facts of the case are that petitioner hererin is a proprietorship and is a civil and structural contractor carrying on its business in various states of the country. The petitioner and the respondent entered into an agreement dated 17.01.2019 whereby petitioner agreed to hire shuttering and scaffolding material from the respondent initially for a period of six months. as per the Clause 5 of this agreement, the petition
The technical nature of the offence under Section 138 of the N.I. act, the inbuilt defences available to the accused, and the summary trial procedure were central legal principles established in the ....
The High Court cannot quash a Section 138 complaint based on defenses that require factual evidence; such defenses must be raised during the trial process.
The accused has the responsibility to present a defense before the Metropolitan Magistrate's Court and follow the due procedure of law as provided under the N.I. Act and the Cr.PC.
if the accused appears after service of summons, the learned Metropolitan Magistrate shall ask him to furnish bail bond to ensure his appearance during trial and ask him to take notice under Section ....
Even a blank cheque leaf, voluntarily signed and handed over by accused, which is towards some payment, would attract presumption under Section 139 of Negotiable Instruments Act.
The accused has the responsibility of spelling out their defense to the court and proving it.
(1) Dishonour of cheque – A post-dated cheque issued after debt has been incurred would be covered by definition of ‘debt’ – However, if sum payable depends on a contingent event, then it takes colou....
For maintaining a prosecution under Section 138 of the Negotiable Instruments Act, arraigning of the company as an accused is imperative. The person in charge of the company cannot be held liable if ....
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