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2023 Supreme(Del) 5779

AMIT BANSAL
Northern India Paint Colour And Varnish Co. LLP – Appellant
Versus
Sushil Chaudhary – Respondent


Advocates appeared:
Mr. Kotla Harshavardhan, Advocate, Ms.Mansi Sood, Advocate, Ms. Rishbha Arora, Advocate and Mr. Divyank Yadav, Advocate, for the Appellant; Mr. Viraj Datar, Senior Advocate with Mr.Atul T.N., Advocate and Ms. K. Pallavi, Advocate, for the Respondent.

JUDGMENT

1. Both the present petitions raise similar issues and hence are being taken up together for disposal.

2. CRL.M.C.2480/2023 has been filed by the petitioner/complainant Northern India Paint Colour and Varnish Co. LLP (hereinafter "Complainant") impugning the order dated 15th February, 2023 passed by the learned Additional Sessions Judge (ASJ), Tis Hazari Courts, Delhi, whereby the summoning order dated 9th January, 2020 passed by the Metropolitan Magistrate (MM), Central, Tis Hazari Courts, Delhi, in a complaint case under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) being CC No. 380/2020 has been set aside and remanded the matter back to the learned MM for fresh consideration. The relevant observations from the impugned order are set out below:

    "6. In this case, admittedly, the accused is residing beyond the territorial jurisdiction of the ld. Trial Court. Therefore, the ld. Trial Court, ought to have conducted an inquiry u/s. 202 CrPC before arriving at a conclusion that there is sufficient ground to proceed against the accused. However, in the instant case, the said inquiry was not conducted. In absence of the said mandatory inquiry, the impugned order of s

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