DELHI HIGH COURT
SUNIL MANTRI – Appellant
Versus
MAHARASHTRA SAVINGS & ANR – Respondent
CRLMC-5081_2018
CRL.M.C. 5081/2018
Page 1 of 6
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IN THE HIGH COURT OF DELHI AT NEW DELHI
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Date of decision: 19thSeptember, 2023
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CRL.M.C. 5081/2018 & CRL.M.A. 33563/2018 (stay)
SUNIL MANTRI
..... Petitioner
Through:
Mr.P.N. Ravinddran, Senior Advocate
with Mr.M.K.Ghosh, Ms.Tina Garg
and Mr.Amrit B.Mohanty, Advocates.
versus
MAHARASHTRA SAVINGS & ANR
..... Respondents
Through:
Mr.Pankaj Kumar Singh,
Mr.Gurmeher S. Sistani and Mr.Beh
Daniel Mathew, Advocates for R-1.
Mr.Rishi Manchanda Standing
Counsel along with Siddharth Mullick
Advocate for the official liquidator
R-2.
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL
JUDGMENT
AMIT BANSAL, J. (Oral)
CRL.M.C. 5081/2018
1.
The present petition has been filed impugning the order dated 31st
July, 2018, passed by the learned Additional Sessions Judge (ASJ), Saket
District Courts in Criminal Revision No. 204191/2016.
2.
Vide the aforesaid impugned order, the revision petition filed on
behalf of the respondent no.1/complainant was allowed and the order dated
22ndJanuary, 2016, passed by the learned Metropolitan Magistrate (MM),
Digitally Signed By:DINESH
KUMAR
Signing Date:25.09.2023
12:49:25
Signature Not Verified
CRL.M.C. 5081/2018
Page 2 of 6
Saket District Courts was set aside.
3.
Brief facts leading to the present petition are as under: -
a.
The accused company, of which the petitioner herein was a director,
issued a cheque dated 1stSeptember, 2013, of Rs.13,88,00,000/- drawn on
Dena Bank, Mumbai to the respondent no.1. The respondent no.1 presented
the said cheque for payment at Syndicate Bank, New Delhi, however, the
same was returned by the bank stating that the payment for the cheque has
been stopped by the company.
b.
Following this, the respondent no.1 filed a complaint before the
learned MM in which the petitioner was arrayed as an accused under Section
138 of the Negotiable Instruments Act, 1881 (NI Act) on 11thOctober, 2013.
c.
On 1stAugust, 2014, the Supreme Court pronounced its judgment in
Dashrath Rupsingh Rathod v. State of Maharashtra & Anr., (2014) 9 SCC
129, and held that the courts within whose jurisdiction the cheque had been
dishonoured by the bank on which it is drawn, would be the competent
courts of jurisdiction for entertaining complaints under Section 138 of the NI
Act. The Supreme Court further directed that all pending complaints filed in
a court not having jurisdiction would be returned back to the complainant
and refiled within 30 days of their return before the court of appropriate
jurisdiction.
d.
In view of the aforesaid judgment in Dashrath Rupsingh Rathod
(supra), the learned MM, vide order dated 21stAugust, 2014, returned the
complaint filed by the respondent no.1 and directed that the same be filed
before the court of competent jurisdiction within 30 days.
e.
On 15thJune, 2015, an ordinance, being the Negotiable Instruments
Digitally Signed By:DINESH
KUMAR
Signing Date:25.09.2023
12:49:25
Signature Not Verified
CRL.M.C. 5081/2018
Page 3 of 6
(Amendment) Ordinance, 2015 (Ordinance) was promulgated wherein,
Section 142(2) and Section 142A were inserted in the NI Act. In terms of the
newly inserted Section 142(2), the jurisdiction under Section 138 of the NI
Act was vested in the court where the cheque was delivered for collection
through the account of the payee. As per the newly inserted Section 142A,
all cases filed under Section 138 of the NI Act were to be transferred to the
court of appropriate jurisdiction under Section 142(2) of the NI Act.
f.
In view of the aforesaid amendment, the respondent no.1 filed an
application for restoration of the complaint on 20thOctober, 2015, which
was dismissed by the learned MM vide order dated 22ndJanuary, 2016, as
the same was not filed within 30 days.
g.
The respondent no.1 filed a revision petition against the aforesaid
order of the learned MM, which was allowed by the learned ASJ vide the
impugned order dated 31stJuly, 2018.
4.
Counsel for the petitioner submits that in terms of the judgment of the
Supreme Court in Dashrath
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