CRL.M.C. 1360/2021, CRL.M.A. 8253/2021

1. DHIREN NAVLAKHA

S/o Late P. S. Navlakha,

R/o A - 5, Greater Kailash – 1,

New Delhi - 110048

2. FARHAD SURI

S/o Late Wali Mohd. Babar,

R/o C – 33-A, Nizamuddin East,

New Delhi - 110013

.....Petitioners

Through: Mr. Nalin Tripathi with Mr. Shivansh Pandey, Advocates

versus

1. JITENDRA CHOUDHARY

S/o Sh. Jagdish Pradhan,

R/o K-333, 334, Sardar Patel Road,

Karawal Nagar Village, Delhi – 110094.

2. NIRAJ JHA

S/o Sh. Anil Kmar Jha,

R/o JP-17, [1st Floor], Pritampra,

Near Rashmi Hospital,

Delhi - 110034

3. M/S SUMERU PROCESSORS PVT. LTD.

Through Official Liquidator – Mr. Rajiv Malik

G-2, Jeevan Apartments, 16-A, Jamia Nagar,

Okhla, New Delhi – 110025.

...Respondents

Through: Mr. Ankit Tandan, Advocate.

CRL.M.C. 1624/2021, CRL.M.A. 11404/2021

DHIREN NAVLAKHA

S/o Late P. S. Navlakha,

R/o A - 5, Greater Kailash – 1,

New Delhi - 110048

.....Petitioner

Through: Mr. Nalin Tripathi with Mr. Shivansh Pandey, Advocates.

versus

JITENDRA CHOUDHARY

S/o Sh. Jagdish Pradhan,

R/o K-333, 334, Sardar Patel Road,

Karawal Nagar Village, Delhi – 110094.

...Respondent

Through: Mr. Ankit Tandan, Advocate.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

J U D G M E N T

NEENA BANSAL KRISHNA, J.

1. CRL MC 1347/2021 has been filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”) against the Order dated 21.01.2021 whereby the Ld. M.M. in CC N.I. Act No. 113/2021 summoned the Petitioner/Farhad Suri and Dhiren Navlakha for offence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as “NI Act”).

2. CRL MC 1360/2021 has been filed under Section 482 Cr.P.C. against the Order dated 19.01.2021 whereby the Ld. M.M. in CC N.I. Act No. 90/2021 summoned the Petitioner/Dhiren Navlakha and Farhad Suri for offence under Section 138 NI Act.

3. CRL MC 1624/2021 has been filed under Section 482 Cr.P.C. against the Order dated 22.01.2021 whereby the Ld. M.M. in CC N.I. Act

No. 117/2021 summoned the Petitioner/Dhiren Navlakha for offence under Section 138 NI Act.

4. The aforesaid three Petitions are being decided together as they arise out of similar facts and involve the same question of law.

Facts as per CC No. 113/2021 under Section 138 NI Act:

5. The Complaint has been filed by Respondent No.1/Praveen Choudhary (Complainant) against Respondent/M/s Sumeru Processors Pvt. Ltd. (Accused No.1 Company); Petitioner No.2/Dhiren Navlakha (Accused No.2); Petitioner No.1/Farhad Suri (Accused No.3) and Niraj Jha (Accused No.4).

6. It is stated that Accused No.1 Company is Pvt. Ltd. Company incorporated under the Companies Act, 1956 and Accused Nos. 2-4 are its Directors and involved in day-to-day functioning and decisions of the Company.

7. The Complainant and Accused No.3/Farhad Suri have known each since a long time through the father of the Complainant. The Complainant got acquainted with the other accused persons through Accused No.3. Accused No.1 Company is involved in the consumer goods in Retail and Wholesale-Discretionary.

8. The Complainant and his brother, Jitender Choudhary, had taken a loan from the bank for starting a business which was transferred in their account on 10.06.2016. Accused No.3 Farhad Suri approached the Complainant and his brother through their father, knowing they had taken a loan. He asked them for financial help (a friendly loan) in the name of Accused No.1 Company and also personally for Accused Nos. 2 to 4. Since

the Complainant and his brother needed the money after 4-5 months for their own business and Accused No.3 was a Director of Accused No.1 and a reputed political leader in Delhi, they agreed. On 13.06.2016, they transferred the amount to his account via RTGS as a friendly loan.

9. The accused initially paid interest on the borrowed amount, but from June 2020 they stopped making interest payments. Accused Nos. 1, 2, and 3 later settled the matter and issued Cheque No. 574506 dated 07.09.2020 from DCB Bank, New Delhi, for Rs. 75,00,000 in the Complaina