Back
RAJNISH BHATNAGAR
Hiren Mahendra Botadra – Appellant
Versus
Nlmk India Service Centre Pvt. Ltd. – Respondent
JUDGMENT
Rajnish Bhatnagar, J. (Oral)
CRL.M.A. 19821/2023 (exemption)
Exemption allowed subject to all just exceptions.
The application stands disposed of.
CRL.M.C. 5216/2023 & CRL.M.A. 19820/2023
1. The present petition under Section 482 Cr.P.C has been filed by the petitioners seeking the following reliefs:
"a. Quash the order dated March 17, 2021 passed by the Ld. Metropolitan Magistrate (NI Act), Saket Court (South), New Delhi ("MM"), in C.C. NI ACT 270/2020 titled "M/s. NLMK India Service Centre Pvt. Ltd. v. M/s. Nexus Electro Steel Pvt. Ltd. & Ors.", qua the Petitioners/Accused 3 & 4, and all consequential proceedings arising therefrom;
b. Quash the proceedings pending before the Ld. Metropolitan Magistrate (NI Act), Saket Court (South), New Delhi ("MM"), in C.C. NI ACT 270/2020 titled "M/s. NLMK India Service Centre Pvt. Ltd. v. M/s. Nexus Electro Steel Pvt. Ltd. & Ors." qua the Petitioners/Accused 3 & 4;
c. Pass any other or further orders which this Hon'ble Court deems fit and proper in the facts and circumstances of the present case, in the interests of justice."
2. The complainant (respondent herein) had instituted a complaint under Section 138 of Negotiable Instruments Act, 1
The accused has the responsibility of spelling out their defense to the court and proving it.
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 ....
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 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.
A complaint under Section 138 must contain specific averments to establish vicarious liability; mere title or position is insufficient for liability. Absence of allegations against an accused leads t....
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.
(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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
