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: 19^thSeptember, 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 31^st

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

22^ndJanuary, 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

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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 1^stSeptember, 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 11^thOctober, 2013.

c.

On 1^stAugust, 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 21^stAugust, 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 15^thJune, 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

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(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 20^thOctober, 2015, which

was dismissed by the learned MM vide order dated 22^ndJanuary, 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 31^stJuly, 2018.

4.

Counsel for the petitioner submits that in terms of the judgment of the

Supreme Court in Dashrath