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CRL.M.C. 2857/21

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of Decision: 15.11.2021

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CRL. M.C. 2857/2021

JIGNESH KUMAR

..... Petitioner

Through:

Mr. Yashvardhan, Ms. Smita Kant

and ms. Kritika Nagpa, Advocates.

versus

M/s. ESTER INDUSTRIES LTD. & ORS.

..... Respondents

Through:

CORAM:

HON'BLE MR. JUSTICE RAJNISH BHATNAGAR

RAJNISH BHATNAGAR J. (ORAL)

CRL. M.A. No. 17982/2021 (for exemption)

Exemption allowed, subject to just exceptions.

The application stands disposed of.

CRL. M.C. 2857/2021 &CRL M.A. 17981/2021 (for stay)

1.

The present petition U/s 482 Cr.P.C. has been filed by the petitioner

with the following prayers:

a) Call for the records of Complaint Case No. 17074/2018 under

Section 138 read with Section 142 of the Negotiable Instruments Act,

1881 filed by the Respondent no. 1 pending before the Ld. Court of

Chief Metropolitan Magistrate, Patiala House Court, New Delhi;

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b) Quash the Summoning Order dated 12.12.2018 issued by the Ld.

Court of Ms. Vijeta Singh Rawat, Patiala House Court, New Delhi

under sections 138 and 142, Negotiable Instruments Act, 1881 qua

the Petitioner;

c) Quash the Complaint Case No. 17074/2018 filed under Section 138

read with Section 142 of the Negotiable Instruments Act, 1881

pending before the Court of Chief Metropolitan Magistrate, Patiala

House Court, New Delhi qua the Petitioner Herein.

2.

The brief facts of the case are that the Accused No. 1 M/s.lndu

Polymers, is a Partnership Firm and is represented by its partners Accused

No. 2 V.V. Satyanarayana and accused No. 3 Jignesh Kumar (Petitioner

herein). The Accused No. 2 and 3 approached the Complainant/Respondent

no.2 for purchase of Polyester PBT Chips, and Polycarbonates and requested

the complainant to supply the said materials to the Accused. The accused in

order to partly liquidate the outstanding amount and towards the legally

enforceable debt, which has been due and payable to the complainant, issued

the following four cheques in tune of Rs 12,00,000/-:

a. Cheque bearing No.001004 dt.30-9-2014 for Rs.3,00,000/-and

drawn on City Union Bank, Ranigunj, Secunderabad.

b. Cheque bearing No.001003 dt.30-10-2014 for Rs.3,00,000/-and

drawn on City Union Bank, Ranigunj, Secunderabad.

c. Cheque bearing No.001005 dt.30-10-2014 for Rs.3,00,000/-and

drawn on City Union Bank, Ranigunj, Secunderabad.

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CRL.M.C. 2857/21

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d. Cheque bearing No.001006 dt.30-9-2014 for Rs.3,00,000/-and

drawn on City Union Bank, Ranigunj, Secunderabad.

3.

The said four cheques on presentation were dishonored with remarks

“Contact

Drawer/

Refer

to

Drawer”on

30.10.2014

and

01.11.2014

respectively.

4.

On 24.11.2014, Respondent No 2 served a legal notice dt. 24.11.2014

upon the accused persons, which was duly served upon them and even

replied through their counsel vide reply dated 18.12.2014, but since no

payment was made under the cheque, the complaint was filed on 31.12.2014

by respondent no. 2/Complainant.

5.

The Petitioner has assailed the Summoning Order dated 12.12.2018

vide which he was summoned by the Ld.MM for offences U/s 138 and 142

of the N.I. Act.

6.

It is vehemently urged by the Ld. counsel for the petitioner that there

are no allegations against the petitioner and though he was a partner in the

respondent no. 2 firm, but was neither into day-to-day affairs of the

partnership firm nor has any knowledge about the alleged transaction of the

business of partnership firm. It is further submitted that the present

petitioner is not a signatory to the cheques in question and the said cheques

were issued by other Managing Partners.

Ld. Counsel for the petitioner has placed reliance on the following

judgments:



Katta Sujatha v. Fertilizers and Chemicals Travancore Ltd.

And Anr. [(2002) 7 SCC 655]

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

K. Srikanth