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2025 Supreme(Online)(Del) 7761

IN THE HIGH COURT OF DELHI AT NEW DELHI
NEENA BANSAL KRISHNA, J
MANMOHAN GAIND Director M/s Mahesh Prefab Pvt. Ltd. – Appellant
Versus
NEGOLICE INDIA PVT. LTD – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Rajnish Kumar Gaind, Mr. Hemant Kaushik, Mr. Himanshu Gupta
For the Respondents: Mr. Umakant Kataria, Mr. Pulak Gupta

JUDGMENT

NEENA BANSAL KRISHNA, J.

1. Present Petition has been filed by the Petitioner/Mr. Manmohan Gaind, Director of M/s Mahesh Prefab Pvt. Ltd under Section 482 of the Cr.P.C. for the quashing of the Criminal Complaint bearing No. 1982/2017 and for setting aside the summoning Order dated 18.12.2018 of the Learned Metropolitan Magistrate, filed by the Respondent/M/s Negolice India Ltd., under Section 138 read with Section 141 Negotiable Instruments Act, 1881 (NI Act).

2. Briefly stated, on 28.02.2013 the Respondent/M/s Negolice India Ltd. awarded a Work Order to the Petitioner’s Company, M/s Mahesh Prefab Pvt. Ltd. for the “Supply and Installation of GRC Grills” for a total consideration of Rs. 56,86,633/-. As per the terms of the contract, the Respondent paid a 15% mobilization advance of Rs. 6,82,416/- to the Petitioner’s Company. Against this payment, the Petitioner’s Company issued an advance cheque (the “impugned cheque”) bearing No. 723223 for the equivalent amount of Rs. 6,82,416/- as security for the advance.

3. It is stated by the Petitioner that while the work was in progress, the Respondent “illegally, arbitrarily, abruptly and unjustly terminated the contract”. A dispute

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