CRL.M.C. 1639/2021

Page 1 of 8

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Reserved On: October 17, 2023

Pronounced On: October 31, 2023

+

CRL.M.C. 1639/2021 & CRL.M.A. 11500/2021

GUNEET BHASIN

..... Petitioner

Through:

Mr. Deepak Bashta, Advocate

Versus

THE STATE NCT OF DELHI & ANR.

..... Respondents

Through:

Mr. Sunil Kumar Gautam, APP for

State.

Mr. Sonal Anand, Mr. Aayush Sai

and Ms. Surbhi Singh, Advocates

for R-2.

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

J U D G M E N T

1.

By way of the present petition under Section 482 of the Code of

Criminal Procedure, 1973 [CrPC], the petitioner seeks setting aside and

quashing of Complaint Case No.7398/2019 under Section 138 of the

Negotiable Instruments Act, 1881 [NIA] filed by the respondent no.2/

complainant [respondent no.2] against the petitioner/ accused no.2

therein [petitioner] and 3 other co-accused persons before the learned

Metropolitan Magistrate [learned MM] and summoning order dated

04.10.2019 passed therein.

2.

The facts disclose that the respondent no.2 first invested

Rs.50,00,000/- in January 2009 and then again invested Rs.20,00,000/- in

March 2014 with the petitioner and was assured a return of double the

amount on or before March 2019. Thereafter, the petitioner issued a

Digitally Signed

By:BABLOO SHAH

Signing Date:31.10.2023

19:10:47

Signature Not Verified

CRL.M.C. 1639/2021

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Promissory Note dated 18.02.2019 in favour of the respondent no.2 and

his wife Ms. Rupinder Kaur Bedi [wife] acknowledging his liability to

pay Rs.2,47,53,000/- to them on or before 30.06.2019.

3.

The petitioner then issued as many as 9 cheques all dated

16.07.2019, of which, admittedly, 6 cheques were in the name of the

respondent no.2 whereas rest of the 3 cheques were in the name of his

wife. All the said 9 cheques to the tune of Rs.73,00,000/- were

dishonoured on presentation with the details given below:-

S.No.

In favour of

Cheque

No.

Amount

Reason for

dishonour

1. Amrit

Pal

Singh

Bedi

666437 Rs. 6,00,000/-

“Account

closed”

2. Amrit

Pal

Singh

Bedi

666436 Rs. 6,00,000/-

“Kindly contact

drawer/draw”

3. Amrit

Pal

Singh

Bedi

103122 Rs.

10,00,000/-

“Kindly contact

drawer/draw”

4. Amrit

Pal

Singh

Bedi

103121 Rs.

10,00,000/-

“Kindly contact

drawer/draw”

5. Amrit

Pal

Singh

Bedi

935698 Rs. 8,00,000/-

“Kindly contact

drawer/draw”

6. Amrit

Pal

Singh

Bedi

666435 Rs. 6,00,000/-

“Kindly contact

drawer/draw”

7. Rupinder Kaur Bedi

666434 Rs. 8,50,000/-

“Kindly contact

drawer/draw”

8. Rupinder Kaur Bedi

666433 Rs. 8,50,000/-

“Kindly contact

drawer/draw”

9. Rupinder Kaur Bedi

103120 Rs.

10,00,000/-

“Kindly contact

drawer/draw”

4.

Thereafter, the respondent no.2 and his wife issued a composite

Legal Notice dated 12.08.2019 qua all the 9 cheques, which was replied

by the petitioner on 27.08.2019, being unsatisfied by the same, the

respondent no.2 filed a Complaint Case No.7398/2019 under Section 138

Digitally Signed

By:BABLOO SHAH

Signing Date:31.10.2023

19:10:47

Signature Not Verified

CRL.M.C. 1639/2021

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NIA with respect to all the aforesaid 9 dishonoured cheques before the

learned MM, accompanied with an „Authority Letter‟ dated 17.08.2019

executed by the wife of the respondent no.2 in his favour wherein, the

learned MM passed the summoning order dated 04.10.2019.

5.

Thereafter, the petitioner filed the present petition directly before

this Court.

6.

According to the petitioner, the composite complaint qua all the 9

cheques by the respondent no.2 singularly, sans his wife, is per se not

maintainable. It is also not maintainable on the strength of the „Authority

Letter‟ dated 17.08.2019 issued by his wife in favour of the respondent

no.2. Moreover, the petitioner has also challenged the veracity of the said

„Authority Letter‟, the execution there