Crl.M.C.2053/2004

Page 1 of 15

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+

Crl.M.C. 2053/2004

Reserved on

: 29.01.2009

%

Date of decision : 09.02.2009

R.P.MATHUR PROP. RADHIKA LEATHER FASHIONS…

…PETITIONER

Through: Mr. Jagjit Singh, Adv.

S.R.P. INDUSTRIES LTD.

...RESPONDENTS

Through: Mr. Niraj Kr. Singh, Adv.

CORAM:

HON’BLE MR. JUSTICE MOOL CHAND GARG

1.

Whether the Reporters of local papers

may be allowed to see the judgment?

YES

2.

To be referred to Reporter or not?

YES

3.

Whether the judgment should be

YES

reported in the Digest?

MOOL CHAND GARG, J.

1. By way of the present petition the petitioners have invoked

the extraordinary jurisdiction of this Court vested in this Court

under Section 482 of the Code of Criminal Procedure and have

made the following prayers:

a)

quash criminal complaint under Section 138 of

Negotiable Instruments Act against Petitioner pending

before the Court of Ms Anuradha Shukla, MM, New

Delhi entitled as “SRP Industries Ltd vs. R P Mathur,

Prop. Radhika Leather Fashions”.

2009:DHC:464

Crl.M.C.2053/2004

Page 2 of 15

b)

and/or alternatively quash warrant case emanating

out of FIR No. RC, 50 (A)/95-DLI dated 23.6.1995 with

Central Bureau of Investigation;

c)

and/or otherwise pass such further orders and grant

relief that the Hon‟ble Court may deem fit and proper

under the facts and circumstances of the case.

2. The petitioner is facing a complaint filed by the respondent

under Section 138, 141 & 142 of the Negotiable Instruments Act,

1881 on the allegations that the petitioner issued a cheque of Rs.

60 lacs in favour of the respondent for valid consideration. The

said cheque bearing no. 784074 dated 30.09.1994 was

dishonored on presentation by the bankers of the petitioners with

the remarks “funds insufficient”. The complainant/ respondent

then issued a legal notice to the petitioner dated 07.10.1994

informing the petitioner about the dishonor of the aforesaid

cheque and calling upon him to pay the amount of cheque within

a period of 15 days of the receipt of said legal notice. Since the

petitioner failed to make the payment, the respondent after

waiting for the statutory period of 30 days filed a complaint in the

Court of Metropolitan Magistrate in which the petitioner was

summoned to face the trial.

3. Before filing the aforesaid complaint the respondent also

made a complaint to the CBI on 23.06.1995 against the petitioner

& 3 others and on that basis an FIR was registered by the CBI

2009:DHC:464

Crl.M.C.2053/2004

Page 3 of 15

bearing No. RC 50 (A)/95-DLI. The said complaint reads as under:

“The Superintendent of Police, CBI, Anti Corruption

Branch-I, Block 4, C.G.O. Complex, Lodhi Road, New Delhi-3.

Sir, this is to bring to your notice on 21.3.1994 Shri Vijay Borar

of Borar & Co., Chartered Accountant, New Delhi approached

us for discounting a trade bill of exchange of Rs. 60 lacs drawn

by Kay Bee & Co., on Radhika Leather Fashions, New Delhi with

the proposal of Mr. Borar as looking to the amount of the bill

we wanted to collateral security. Mr. Borar assured that this

bill and the obligations there under would be met with on due

date because he had arranged a confirmation from the Chief

Manager, State Bank of Saurashtra, Lodhi Road affirming the

commitment of meeting obligation by the Bank on due date

also. The bill of exchange was accepted and co-accepted for

payment by Mr. R.P.Mathur, Prop. Radhika Leather Fashions

and the Chief Manager, State Bank kof Saurashtra. State Bank

of Saurashtra also issued a certificate dated 24.3.1994

confirming that Mr. R.P.Mathur, Prop. Radhika Leather Fashions

has a running Credit limit of Rs. 2075 crores with the Bank and

the amount will be paid on due date. Further, on 30.3.1994,

the Chief Manager of Saurashtra conformed to us that the

payment will be made on the due date i.e. 30.9.1994. On the

basis of afor