CRL. M.C. 2840/2021 Page 1 of 10

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on : 15.11.2021

% Pronounced on : 13.04.2022

+

CRL.M.C. 2840/2021 AND CRL.M.As. 17906-09/2021

M/S AWADH CONSTRUCTIONS

..... Petitioner

Through:

Mr. Amit Pawan, Advocate.

versus

M/S AMARPREET SHUTTERING

.... Respondent

Through:

CORAM:

HON'BLE MR. JUSTICE RAJNISH BHATNAGAR

J U D G M E N T

RAJNISH BHATNAGAR, J.

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

with the following prayers:-

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/001319

CRL. M.C. 2840/2021 Page 2 of 10

2. The brief facts of the case are that petitioner hererin is a

proprietorship and is a civil and structural contractor carrying on its business

in various states of the country. The petitioner and the respondent entered

into an agreement dated 17.01.2019 whereby petitioner agreed to hire

shuttering and scaffolding material from the respondent initially for a period

of six months. As per the Clause 5 of this Agreement, the petitioner was

required to provide undated security cheque to the respondent to cover full

value of the material supply. On the same day, i.e., 17.01.2019, petitioner

sent an email to the respondent conveying the material required. In response,

respondent reverted back an email to the petitioner conveying the

calculation of advanced amount payable by the petitioner and also the

amount to be paid through security cheques. The email further reveals that

the amount that was to be paid to the respondent is Rs. 2,63,700/- as an

advance payment and further security cheques of Rs. 77,41,000/- as security.

After some negotiations, respondent agreed to accept Rs. 63,00,000/- as

security cheques instead of Rs. 77,41,000/-. Accordingly, the petitioner

prepared 5 undated cheques totaling to amount of Rs. 63,00,000/- and one

current dated cheque amounting to Rs. 2,63,700/-. Petitioner also sent an

email to the respondent dated 24.01.2019 attaching the scanned copies of

these six (6) cheques. Pursuant thereto the work started at the Raipur

Project. During the course of work, respondent asked for monies and on that

basis petitioner issued a cheque of Rs. 7,81,122/- in favour of respondent

dated 28.08.2019 which was returned by Bank on 27.11.2019. Respondent

sent a legal notice dated 11.12.2019 demanding the said amount then the

petitioner sent a reply on 18.12.2019 stating that it would make necessary

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/001319

CRL. M.C. 2840/2021 Page 3 of 10

payment. Failing to which, respondent filed a complaint under Section 138

NI Act before the Court of learned Additional Chief Metropolitan

Magistrate, Saket and the petitioner was summoned for the offences under

Section 138 NI Act vide order dated 31.08.2021.

3. The petitioner, feeling aggrieved, filed the present petition invoking

jurisdiction of this Court under Section 482 Cr.P.C.

4. It has been mainly submitted by learned counsel for the petitioner that

the summoning order is bereft of reasons and has been passed in a

mechanical manner and there is no enforceable debt or liability for which

the respondent can demand any amount. It is submitted that the issuance of

No Objection Certificate dated 08.03.2021 by the respondent admitting that

no amount was payable by the petitioner, takes away the basis of filing the

complaint and in the entire complaint, there is no whisper with respect to

statement of account which entitles the respondent to claim the a