JUDGEMENT

JYOTI SINGH, J. (ORAL) CRL.M.A. 1974/2024 (exemption) in CRL.M.C. 499/2024 CRL.M.A. 1976/2024 (exemption) in CRL.M.C. 500/2024 CRL.M.A. 1988/2024 (exemption) in CRL.M.C. 503/2024 CRL.M.A. 1989/2024 (exemption) in CRL.M.C. 504/2024

1. Allowed, subject to all just exceptions.

2. Applications stand disposed of. CRL.M.C. 499/2024 & CRL.M.A. 1973/2024 (stay) CRL.M.C. 500/2024 & CRL.M.A. 1975/2024 (stay) CRL.M.C. 503/2024 & CRL.M.A. 1987/2024 (stay) CRL.M.C. 504/2024 & CRL.M.A. 1990/2024 (stay)

3. These petitions have been filed on behalf of the Petitioner under Section 482 Cr.P.C. seeking quashing and setting aside of summoning orders passed by learned Metropolitan Magistrate (NI Act), Digital Court-

02/SED, Saket Courts, New Delhi, summoning the Petitioner under Section 138 of the Negotiable Instruments Act, 1881 (‘NI Act’) as well as for quashing the complaints. Due to commonality of facts and legal issues, all four petitions have been taken up together and are being decided by the present judgment.

4. CRL.M.C. 499/2024 has been filed challenging summoning order dated 04.07.2022 passed in CC No.5294/2021 titled ‘M/s Pawan Trade Connect Private Limited v. Leading Hotels Limited’, in respect of cheque bearing no.837828 dated 29.03.2021 for Rs. 30,00,000/- and cheque bearing no. 837825 dated 29.03.2021 for Rs. 7,93,303/- (ICD of Rs. 80,00,000/-).

5. CRL.M.C. 500/2024 has been filed challenging summoning order dated 04.07.2022 passed in CC No.5295/2021 titled ‘M/s Addies Innovation Private Limited v. Leading Hotels Limited’, in respect of cheque bearing no.837783 dated 31.03.2021 for Rs. 20,00,000/- and cheque bearing no.

837785 dated 31.03.2021 for Rs. 5,92,965/- (ICD of Rs. 60,00,000/-).

6. CRL.M.C. 503/2024 has been filed challenging summoning order dated 15.03.2022 passed in CC No.4313/2021 titled ‘M/s Pawan Trade Connect Private Limited v. Leading Hotels Limited’, in respect of cheque bearing no.837827 dated 28.02.2021 for Rs. 25,00,000/- (ICD of Rs. 80,00,000/-).

7. CRL.M.C. 504/2024 has been filed challenging summoning order dated 04.07.2022 passed in CC No.569/2022 titled ‘M/s Himmatsingka Exports Private Limited v. Leading Hotels Limited’, in respect of cheque bearing no.837779 dated 31.03.2021 for Rs. 80,00,000/- and cheque bearing no. 837780 dated 31.03.2021 for Rs. 23,71,857/- (ICD of Rs. 2,40,00,000/-).

8. Issue notice.

9. Mr. Piyush Singh, learned counsel appearing on behalf of the Respondents accepts notice.

10. Brief facts necessary to decide the present petitions are that the aforementioned complaints were filed by the respective Respondents herein under Sections 138/141 and 142 of the NI Act against Leading Hotels Limited (‘LHL’), accused No. 1 along with its Directors, accused Nos. 2 to 5 with Petitioner being accused No. 4. It is alleged in the complaints that LHL had approached the Respondents for Inter Corporate Deposit of different amounts under the different complaints and when the cheques issued towards repayment of the ICDs were presented, the same were returned unpaid by the Bank with the remarks ‘Account Closed’. When the legal notice elicited no response, present complaints were filed.

11. Learned Senior Counsel appearing on behalf of the Petitioner submits that the summoning orders issued against the Petitioner cannot be sustained in law since Petitioner was appointed as an independent Non-Executive Director of LHL on 29.03.2013, in accordance with Section 149 of the Companies Act, 2013 and other applicable provisions and ceased to be the Non-Executive Director on 25.06.2021. In support of this submission, it is stated that copy of Form-32 has been placed on record. It is further submitted that throughout the period between 29.03.2013 and 25.06.2021, Petitioner had no role or involvement in the day-to-day affairs and management of LHL other than limited to what was assigned to him in his capacity as an independent Director. Learned Senior Counsel argues that the Supreme Court in Siby Thomas v