Neutral Citation Number: 2022/DHC/005048

CRL.M.C. 4100/2022

GUNEET BHASIN V STATE

Page 1

$~32

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on: September 27, 2022

Decided on: November 14, 2022

+

CRL.M.C. 4100/2022 & CRL.M.A. 16919/2022(Stay)

GUNEET BHASIN

..... Petitioner

Through: Mr.

Mandeep

Singh

Vinaik,

Mr.

Pawan

Kumar

Dhiman

and

Ms.Simmi

Bhamrah

Kumar, Advocates.

versus

STATE OF NCT OF DELHI &

ANR. & ORS.

..... Respondents

Through: Mr. Hitesh Vali , APP

with

Ms.

Akanksha

Sharma, Advocate

for

State/R-1.

Ms.

Sonal

Anand,

Mr.Aayush

Sai

and

Ms.Surbhi

Singh,

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 complaint titled as Amrit Pal Singh

Digitally Signed

By:JITENDRA

Signing Date:23.11.2022

12:17:57

Signature Not Verified

Neutral Citation Number: 2022/DHC/005048

CRL.M.C. 4100/2022

GUNEET BHASIN V STATE

Page 2

Bedi V International Trenching Pvt. Ltd. & Ors. bearing CC

no. 6735/2019 and the summoning order dated 29.08.2019

(hereinafter referred to as the “impugned order”) passed by the

court of Ms. Neha Pandey, Metropolitan Magistrate-03, West ,

Tis Hazari (hereinafter referred to as the “trial Court”).

2.

The respondent no. 2/complainant (hereinafter referred to

as the “respondent no. 2”) has filed a complaint under section

138 of the Negotiable Instrument Act, 1881 (hereinafter referred

to as the “NI Act”) titled as Amrit Pal Singh Bedi V

International Trenching Pvt. Ltd. & Ors. bearing CC no.

6735/2019 on the allegations that the accused no. 1 i.e. M/s

International Trenching Pvt. Ltd. (hereinafter referred to as the

“accused no. 1”)is engaged in the business of trenching/fibre

optic laying and allied services. The accused no. 2 (hereinafter

referred to as the “petitioner”) and the accused no. 3, namely,

Sumit Bhasin (hereinafter referred to as the “accused no. 3”) are

the Directors of the accused no.1. The accused no. 4, namely,

Summy Bhasin (hereinafter referred to as the “accused no. 4”) is

handling the finances and accounts of the accused no. 1. The

Digitally Signed

By:JITENDRA

Signing Date:23.11.2022

12:17:57

Signature Not Verified

Neutral Citation Number: 2022/DHC/005048

CRL.M.C. 4100/2022

GUNEET BHASIN V STATE

Page 3

petitioner, accused no. 3 and 4 are responsible for day-to-day

affairs of the accused no. 1. The petitioner and the accused no. 4

on behalf of the accused no. 1 approached the respondent no. 2

for availing the services for their business in upcoming projects

and the respondent no. 2 had provided services from time to time

and for which Rs.46,60,000/- was agreed to be paid by the

accused no. 1 to the respondent no. 2 on or before 15.07.2018.

The petitioner, accused no. 3 and 4 had failed to make the timely

payment to the respondent no. 2 and thereafter, entered into a

MoU dated 26.07.2018 whereby the petitioner and the accused

no. 3 and 4 had agreed to pay Rs.47,53,519/- to the respondent

no. 2 on or before 27.02.2019. The petitioner and the accused

no.4 on 19.01.2019, issued a cheque amounting to Rs.47,53,519/-

dated 15.04.2019 bearing no. 000192 drawn on HDFC Bank,

Rajouri Garden in favour of the respondent no. 2 under the

signature of the petitioner towards the discharge of liability. A

confirmation letter under the signature of the petitioner was also

issued. The accused no. 1 including the petitioner on 27.02.2019

again requested for extension of time till 01.07.2019 to make the

Digitally Signed

By:JITENDRA

Signing Date:23.11.2022

12:17:57

Signature Not Verified

Neutral Citation Number: 2022/DHC/005048

CRL.M.C. 4100/2022

GUNEET BHASIN V STATE

Page 4

payment of Rs.47,53,519/- alongwith confirmation letter dated

18.03.2019. The petitioner on 27.06.2019, sent a