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IN THE HIGH COURT OF DELHI AT NEW DELHI
NEENA BANSAL KRISHNA, J
SRI SAI SAPTHAGIRI SPONGE PVT. LTD. – Appellant
Versus
THE STATE (GNCT OF DELHI) – Respondent
| Table of Content |
|---|
| 1. petitioners seek to quash summons based on jurisdiction and nature of cheques. (Para 1 , 2 , 3) |
| 2. arguments are presented regarding the enforceability of the cheques under section 138. (Para 8 , 9 , 10 , 20) |
| 3. court interpretation of the mou reveals the cheques issued were for security only. (Para 12 , 13 , 14 , 15 , 26) |
| 4. the court emphasizes that summons without proper jurisdiction is invalid. (Para 16 , 44 , 49) |
| 5. final orders quashing the complaints under section 138 n.i. act. (Para 56 , 60) |
JUDGMENT
NEENA BANSAL KRISHNA, J.
1. The aforesaid five Petitions under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”), have been filed on behalf of the Petitioner, Sri Sai Sapthagiri Sponge Pvt. Ltd., for quashing of the Impugned Summoning Orders dated 27.04.2015, 18.05.2015, and 08.04.2015, whereby the Petitioner was summoned in five Complaints instituted by Respondent No. 2/Complainant, M/s Magnifico Minerals Pvt. Ltd., for the offence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as “N.I. Act”).
2. The case of the Complainant/Respondent No. 2 is that they are engaged in the business of resale
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