NEUTRAL CITATION NO. 2023:DHC:2960

CRL.M.C. 1159/2022 Page 1 of 10

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IN THE HIGH COURT OF DELHI AT NEW DELHI

%

Reserved on: 24.01.2023

Pronounced on: 01.05.2023

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CRL.M.C. 1159/2019 &CRL.M.A. 4502/2019 & CRL.M.A.

4505/2019

AMBIKA NARANG

..... Petitioner

Through:

Ms. Aakansha Nehra and Mr.

Shalaka Garg, Advocates

versus

M/S. SHIVAM SHUBHAM FASHIONS

PRIVATE LIMITED & ORS.

..... Respondents

Through:

Ms. Mansoor Ansari, Advocate

for R-1.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

JUDGMENT

SWARANA KANTA SHARMA, J.

1.

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

Criminal Procedure Code, 1973 read with Article 227 of Constitution of

India, 1950, the petitioner seeks quashing of summoning order dated

24.04.2018 passed by learned Metropolitan Magistrate (NI Act)-04,

South-East, Saket Court, New Delhi in Criminal Complaint No.

3611/2018 titled as “M/s Shivam Shubham Fashions Pvt. Ltd. v. M/s The

Digitally Signed

By:ZEENAT PRAVEEN

Signing Date:06.05.2023

11:15:16

Signature Not Verified

NEUTRAL CITATION NO. 2023:DHC:2960

CRL.M.C. 1159/2022 Page 2 of 10

Aura Creation Exports Private Limited & Ors.” and all its consequent

proceedings, so far as it relates to the petitioner.

2.

A perusal of the complaint under Section 138 of Negotiable

Instruments Act, 1881 („NI Act‟) reveals that the complainant

(respondent no. 1 herein) i.e. „M/s Shivam Shubham Fashions Pvt.

Ltd.‟, a Private Limited Company, was having business relations with

the accused no. 1 (respondent no. 2 herein) i.e. „M/s. Aura Creation

Exports Private Limited & Ors.‟, whose directors were accused no. 2 i.e.

Tarun Narang (respondent no. 3 herein) and accused no. 3 i.e. Ambika

Narang (petitioner herein). The case of complainant was that the

accused company had ordered laces and embroidery items of different

kind which the complainant had supplied from time to time against the

bills, for which payments/part-payments were made by the accused

company in due course of business. It is stated that as on 28.02.2018, an

amount of Rs.35,09,844/- was still due for payment by the accused

company as per the books of complainant. It is alleged that in order to

discharge part liability, the accused company had issued a Cheque

bearing no. 825500 dated 30.11.2017 for Rs.19,29,922/- (Rupees

Nineteen Lakhs Twenty Nine Thousand and Nine Hundred and Twenty

Two) drawn on Punjab National Bank, Sector-27, Noida Branch, duly

signed by accused no. 2 (respondent no.3). Upon presentation of said

cheque by the complainant for encashment with its bank i.e. Citi Bank

Ltd., Nehru Place, New Delhi, the cheque was returned unpaid vide

memo dated 17.02.2018 with the remarks „Funds Insufficient‟. On

16.03.2018, a legal notice of demand dated 15.03.2018 under Section

138 of NI Act, 1881 was sent to the accused persons by the complainant

Digitally Signed

By:ZEENAT PRAVEEN

Signing Date:06.05.2023

11:15:16

Signature Not Verified

NEUTRAL CITATION NO. 2023:DHC:2960

CRL.M.C. 1159/2022 Page 3 of 10

calling upon them to pay and clear a sum of Rs.19,29,922/- (Rupees

Nineteen Lakhs Twenty Nine Thousand and Nine Hundred and Twenty

Two) within 15 days from receipt of notice, which was delivered at the

addresses of accused persons on 17.03.2018. Having not received any

payment from the accused persons, the complainant filed the present

complaint bearing no. 3611/2018 before the Court of learned

Metropolitan Magistrate (NI Act)-04, South-East, Saket Court, New

Delhi.

3.

The case set up by the petitioner is that she had resigned from the

office of Director of the accused company, vide resignation letter