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IN THE HIGH COURT OF DELHI AT NEW DELHI
ANUP JAIRAM BHAMBHANI
Aeiforia Constructions Pvt. Ltd. – Appellant
Versus
Continental Carbon India Pvt. Ltd. – Respondent
JUDGMENT :
ANUP JAIRAM BHAMBHANI J.
By way of the present petition filed under section 482 of the Code of Criminal Procedure 1973 ('Cr.P.C'), the petitioners (accused persons) inter-alia seek quashing of summoning order dated 29.04.2023 passed by the learned Metropolitan Magistrate, Digital Court-01, Patiala House Courts, New Delhi in criminal complaint bearing CC NI Act No. 9670/2022 in proceedings under section 138 of the Negotiable Instruments Act, 1881 ('NI Act').
2. Notice on this petition was issued vidé order dated 12.07.2024, whereby upon a first blush reading of the impugned order, this court was constrained to stay proceedings pending before the learned Magistrate, since the summoning order appeared to be in the nature of a template order and failed to reflect any application of mind to the facts of the case, as would be necessary prior to issuance of summons to the accused persons.
3. Vidé order dated 12.07.2024 the State was deleted as party-respondent in the matter. Counter-affidavit dated 11.08.2024 has subsequently been filed on behalf the sole respondent (complainant) in the case. Written submissions have also been filed by the parties. The court has heard Mr. Mrinal Ku
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A director's personal endorsement of a cheque can implicate a company in liability under the NI Act, reinforcing the scrutiny necessary in summoning orders.
The court emphasized the limited scope of inquiry at the stage of issuance of summons under Section 138 of the NI Act and the applicability of the rebuttable presumption under Section 139 of the NI A....
The Magistrate must provide sufficient reasoning when summoning an accused, reflecting a proper application of mind to the facts and law, as established in relevant case law.
The main legal point established in the judgment is that compliance with legal provisions, including the conduct of an inquiry as required under Section 202(1) Cr.P.C., and the applicability of Secti....
For summoning under Section 138 of the NI Act, recording of statements under Sections 200 and 202 Cr.P.C. is not required, and the evidence of the complainant may be given by affidavit as per Section....
The court established that for a complaint under Section 138 of the N.I. Act to be maintainable, specific procedural requirements must be met and reflected in the summoning order, including the prese....
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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