CRL.M.C. 5328/2013 & CRL.M.C. 4438/2013

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of Decision: 07^th January, 2021

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CRL.M.C. 5328/2013 & CRL.M.A. 19244/2013

SUNIL TYAGI

..... Petitioner

Through:

Mr. Ajayinder Sangwan, Mr. Raj

Sharma,

Mr.

Arun

Rathi,

Mr.

Summinder

Paswan

and

Mr. Siddharth Gill, Advocates

versus

GOVT OF NCT OF DELHI & ANR.

..... Respondents

Through:

Mr. Rahul Mehra, Standing Counsel

with

Mr.

Chaitanya

Gosain,

Advocate for Delhi Police along with

Mr. Rajesh Deo, DCP/Legal.

Mr. Nikhil Goel, SPP with Mr. Vinay

Mathew and Mr. Dushyant Sarna,

Advocates for respondent/CBI.

Mr.

Dayan

Krishnan,

Senior

Advocate as Amicus Curiae with

Ms. Manvi Priya, Ms. Aakashi Lodha,

Mr. Sukrit Seth, Ms. Niharika Kaul

and Mr. Sanjeev Seshadri, Advocates.

Mr. Vikas Pahwa, Senior Advocate as

Amicus Curiae

Prof. (Dr.) G.S. Bajpai, Professor of

Criminology & Criminal Justice,

National Law University, Delhi as

Amicus Curiae

Mr. Rajshekhar Rao, Advocate as

Amicus Curiae

+

CRL.M.C. 4438/2013 & CRL.M.A. 15894/2013

TANMAY KUMAR

..... Petitioner

2021:DHC:60

CRL.M.C. 5328/2013 & CRL.M.C. 4438/2013

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Through:

Dr. L. S. Chaudhary, Advocate

versus

STATE

..... Respondent

Through:

Mr. Rahul Mehra, Standing Counsel

with

Mr.

Chaitanya

Gosain,

Advocate for Delhi Police along with

Mr. Rajesh Deo, DCP/Legal.

Mr. Nikhil Goel, SPP with Mr. Vinay

Mathew and Mr. Dushyant Sarna,

Advocates for respondent/CBI.

Mr.

Dayan

Krishnan,

Senior

Advocate as Amicus Curiae with

Ms. Manvi Priya, Ms. Aakashi Lodha,

Mr. Sukrit Seth, Ms. Niharika Kaul

and Mr. Sanjeev Seshadri, Advocates.

Mr. Vikas Pahwa, Senior Advocate as

Amicus Curiae

Prof. (Dr.) G.S. Bajpai, Professor of

Criminology & Criminal Justice,

National Law University, Delhi as

Amicus Curiae

Mr. Rajshekhar Rao, Advocate as

Amicus Curiae

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

J U D G M E N T (ORAL)

CRL.M.C. 5328/2013

1.

The petitioner is seeking quashing of FIR No.27/2013 dated 22^nd

January, 2013, PS Amar Colony under Section 174A IPC.

2.

The petitioner is a Director of M/s Core Builders Pvt. Ltd., who issued

a cheque bearing No.002310 dated 06^th July, 2010 for Rs.20,00,000/- to

2021:DHC:60

CRL.M.C. 5328/2013 & CRL.M.C. 4438/2013

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respondent No.2. The aforesaid cheque was dishonoured upon presentation

due to insufficiency of funds whereupon respondent No.2 instituted a

complaint under Section 138 Negotiable Instruments Act against M/s Core

Builders Pvt. Ltd. as well as against the petitioner.

3.

The learned Metropolitan Magistrate issued summons to the petitioner

at the addresses given in the complaint namely 1007, New Delhi House, 27,

Barakhamba Road, New Delhi 110001 and Prabhat Nagar, Meerut City,

Meerut, U.P. The summons issued to the Barakhamba Road address returned

unserved with the remarks that there was no firm with the name of M/s Core

Builders Pvt. Ltd. at the given address whereas the summons issued to

Meerut address returned unserved with the remarks that the address was

incomplete as no house number has been given in the complaint.

4.

Respondent No.2 filed an application dated 06^th January, 2011 before

the learned Metropolitan Magistrate in which it was stated that the petitioner

had shifted from address given in the complaint to the new address, namely

Apartment No.601, Block No.4, Kailash Dham Apartments, Sector-51,

Noida, U.P. whereupon the Court issued fresh summons at the above address

which returned unserved with the report that the flat was lying vacant since

last two years.

5.

Respondent No.2 filed another application dated 13^th October, 2011 in

which the new address of the petitioner was given as Flat No.1012,

Ashadeep Apartment, Oshiwara, Mumbai whereupon the Court issued the

fresh summons at the aforesaid address which returned unserved with t