CRL.M.C 556/2019 AMRIT SANDHU COSTER V STATE & ANOTHER

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IN THE HIGH COURT OF DELHI AT NEWDELHI

Reserved on: July 19, 2022

Decided on: September 06, 2022

+

CRL.M.C. 556/2019 & CRL.M.A. 2314/2019

AMRIT SANDHU COSTAR

..... Petitioner

Through:

Mr.

Sachin

Sood

and

Mr.RipinSood, Advocates.

V

STATE & ANOTHER

.... Respondents

Through:

Mr. Ashok Kumar Garg, APP

for State/R1 along with SI

Deepak Yadav, PS HauzKhas.

Mr.

Vivek

Sood,

Senior Advocate alongwith

Mr.

Sundeep

Sehgal,

Mr. Mohd. Kamran and Mr.

Akash Godhvani, Advocates

for R-2.

%

CORAM:

HON’BLE MR. JUSTICE SUDHIR KUMAR JAIN

JUDGMENT

1.

The present petition is filed under section 482 Code of

Criminal Procedure, 1973 (hereinafter referred to as “the Code”) for

quashing the criminal complainttitled as Atamjit Singh V Amrit

Sandhu Coster & another bearing CC no 6437 of 2017 and the

summoning order dated 03.06.2017 (hereinafter referred to as “the

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/003628

CRL.M.C 556/2019 AMRIT SANDHU COSTER V STATE & ANOTHER

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impugned order”) passed by the court of Ms. Colette Rashmi Kujur,

Metropolitan Magistrate-10, South East, Saket (hereinafter referred to

as “the trial court”).

2.

The factual background necessary to mention for disposal of

present petition is that the respondent no.2/ complainant (hereinafter

referred to as “the respondent no 2”) has filed a complaint under

section 138 of the Negotiable Instruments Act, 1881 titled as Atamjit

Singh V Amrit Sandhu Coster & another bearing CC No.6437 of

2017 on allegations that the petitioner (arrayed as the accused no 1 in

complaint) and her sister namely Jasween Sandhu (arrayed as the

accused no 2 in complaint and is petitioner in Crl.M.C. bearing no

437/2019) issued a cheque bearing no. 329623 dated 06.03.2017

amounting to Rs 20,00,000.00 (Rupees Twenty Lacs Only) drawn on

Syndicate Bank, Branch West Punjabi Bagh, Central Market, New

Delhi-110026 (hereinafter referred to as “the chequein question”)

towards discharge the their liability as detailed in complaint. The

respondent no 2 presented said cheque for encashment on 06.04.2017

at HDFC Bank, Branch G.K.-l but was dishonored due to “Payment

Stopped by Drawer” as intimated vide return memo dated

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/003628

CRL.M.C 556/2019 AMRIT SANDHU COSTER V STATE & ANOTHER

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11.04.2017. The petitioner and Jasween Sandhu did not pay cheque

amount despite notice dated 10.05.2017. The respondent being

aggrieved filed the present complaint.

3.

The trial court vide impugned order summoned the petitioner

and Jasween Sandhu. The impugned order is reproduced as under:-

03.06.2017

Present: Complainant .along with Sh. Sanjay Kothiyal,

Adv.

Heard. Record perused.

Cognizance of offence u/s 138 Nl Act taken.

PSE has been led by the complainant.

Vide a separate statement of the complainant, PSE has

been closed.

Heard on issuance of process.

In view of the submissions made and documents

tendered, this Court is satisfied that there is sufficient

material on record to proceed against all the accused. Let

summons be Issued against all the accused vide

PF/RG/AD/Courier returnable on 09.08.2017. Pf be filed

within 02 weeks.

4.

The petitioner being aggrieved filed the present petition and

challenged the impugned order. The petitioner pleaded that the

present petition is filed with an ulterior motive to coerce the

petitioner to settle the criminal case initiated by her for the offence of

cheating stated to be committed by respondent no 2 vide FIR bearing

no 734 of 2015 registered at PS Hauz Khas and proceedings under

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/003628

CRL.M.C 556/2019 AMRIT SANDHU COSTER V STATE & ANOTHER

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sections 82 and 83 of the Code have already been initiated against the

p