NEUTRAL CITATION NO: 2022/DHC/004978

CRL.M.C. 5213/2019 and CRL.M.C. 5219/2019 Page 1 of 11

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

Judgment reserved on : 04.03.2020

Date of decision : 19.11.2022

+

CRL.M.C. 5213/2019 & CRL.M.A. 38050/2019

MS. SHEELA ABHAY LODHA

..... Petitioner

Through:

Mr.

Kailash

Vasdev,

Sr.

Advocate with Mr. S.K. Nanda,

Mr.

B.S.

Tiwari,

Ms.

Nayantara,

Ms.

Limamlya,

Advocates.

Versus

STATE & ANR.

..... Respondent

Through:

Mr. Ashok Kumar Garg, APP

for State.

Mr. Madhu Sudan Bhayana &

Mr. Madhav Shah, Advocates.

+ CRL.M.C. 5219/2019 & CRL.M.A. 38072/2019

MS. SHEELA ABHAY LODHA

..... Petitioner

Through:

Mr.

Kailash

Vasdev,

Sr.

Advocate with Mr. S.K. Nanda,

Mr.

B.S.

Tiwari,

Ms.

Nayantara,

Ms.

Limamlya,

Advocates.

Versus

STATE & ANR.

..... Respondent

Through:

Mr. Ashok Kumar Garg, APP

for State.

Mr. Madhu Sudan Bhayana &

Mr. Madhav Shah, Advocates

Digitally Signed

By:SUMIT GHAI

Signing

Date:19.11.2022

18:37:21

This file is

digitally signed by

PS to HMJ ANU

MALHOTRA.

Signature

Not Verified

NEUTRAL CITATION NO: 2022/DHC/004978

CRL.M.C. 5213/2019 and CRL.M.C. 5219/2019 Page 2 of 11

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

JUDGMENT

ANU MALHOTRA, J

1.

The petitioner of both CRL.M.C. 5213/2019 and CRL.M.C.

5219/2019 is Ms. Sheela Abhay Lodha, the former Managing Director

of Akshata Mercantile Pvt. Ltd., who resigned therefrom on

24.11.2010.

2.

In as much as, vide the petitions CRL.M.C. 5213/2019 and

CRL.M.C. 5219/2019, the petitioner herein has assailed the very same

impugned order dated 07.06.2017 of the Court of the learned MM-01,

Patiala House Courts, New Delhi in CC No.3453/1/11 renumbered as

CC No.1498/1/15 with new No.54000/16 and CC No.3452/1/11

renumbered as CC No.1501/1/15 with new No.54082-16, vide which

common order, she was summoned having been arrayed as respondent

No.2 to the complaints filed under Section 138 of the Negotiable

Instruments Act, 1881 read with Sections 141 and 142 thereof, and

having challenged the said common summoning order dated

07.06.2017 of the Court of the learned MM-01, Patiala House Courts,

New Delhi vide CR. Revision 597/2018 and CR. Revision 598/2018,

the said revision petitions having been dismissed, the two petitions

CRL.M.C. 5213/2019 and CRL.M.C. 5219/2019 are hereby being

taken up together.

3.

The averments in the complaints, which are identical, before the

learned Trial Court, (i.e., in Complaint Case No.3453/1/11

Digitally Signed

By:SUMIT GHAI

Signing

Date:19.11.2022

18:37:21

This file is

digitally signed by

PS to HMJ ANU

MALHOTRA.

Signature

Not Verified

NEUTRAL CITATION NO: 2022/DHC/004978

CRL.M.C. 5213/2019 and CRL.M.C. 5219/2019 Page 3 of 11

renumbered as CC No.1498/1/15 with new No.54000/16 forming part

of subject matter of CRL.M.C. 5213/2019 and Complaint Case

No.3452/1/11 renumbered as CC No.1501/1/15 with new No.54082-

16 forming part of subject matter of CRL.M.C. 5219/2019) in which

the petitioner herein was arrayed as respondent No.2, state to the

effect:-

Digitally Signed

By:SUMIT GHAI

Signing

Date:19.11.2022

18:37:21

This file is

digitally signed by

PS to HMJ ANU

MALHOTRA.

Signature

Not Verified

NEUTRAL CITATION NO: 2022/DHC/004978

CRL.M.C. 5213/2019 and CRL.M.C. 5219/2019 Page 4 of 11

10……….

Digitally Signed

By:SUMIT GHAI

Signing

Date:19.11.2022

18:37:21

This file is

digitally signed by

PS to HMJ ANU

MALHOTRA.

Signature

Not Verified

NEUTRAL CITATION NO: 2022/DHC/004978

CRL.M.C. 5213/2019 and CRL.M.C. 5219/2019 Page 5 of 11

the remarks "Funds Insufficient.”

Digitally Signed

By:SUMIT GHAI

Signing

Date:19.11.2022

18:37:21

This file is

digitally signed by

PS to HMJ ANU