Neutral Citation Number:2022/DHC/005538

Neutral Citation Number:2022/DHC/005538

$~1

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

+

CRL.M.C. 2547/2022 & CRL.M.A. 10630/2022

1. Sanjay Shandilya

s/o. Sh. Mishri Lal Shandilya

r/o. H.No. J-68, Ground Floor,

Ashok Vihar, Phase-I, Delhi

M.No. 9212150206

Email ID: sanjay_cysystem@ yahoo.com

2. Akash Raj Gupta

S/o. Sh. Raj Kumar Gupta

R/o. 95/35, Kath Mandi,

Naya Parrow, Rohtak, Haryana.

M.No. 9873077192

..... Petitioners

Through:

Mr. Sanjay Rathi and Mr. Deepak

Khatri, Advs.

versus

1. The State

(Govt. of NCT of Delhi)

2. Kawaljeet Singh Duggal

s/o. Sh. Raghubir Singh

R/o. J-03, Dhawandeep Building,

Jantar-Mantar Road, New Delhi-110001

3. M/s. C.P. Systems Pvt. Ltd.

(Proforma respondent)

501, Krishna Apra Building

Netaji Subhash Palace, Pitampura,

New Delhi-110034

M.No. 9212150206

Email ID:sanjay_cpsystem@yahoo.com ..... Respondents

Through: Ms.Richa Dhawan,Addl.PP for State

CORAM:

HON'BLE MS. JUSTICE POONAM A. BAMBA

POONAM A. BAMBA, J.:

Digitally Signed

By:GEETA JOSHI

Signing Date:21.12.2022

12:16:20

Signature Not Verified

Neutral Citation Number:2022/DHC/005538

1.0

Vide this petition filed u/S. 482 of Code of Criminal Procedure,

1973 („Cr.PC‟ in short), the petitioners have sought :-

(i)

setting aside of order dated 29.04.2022 („impugned order‟

in short), passed by Ld. MM (N.I. Act)-01, SW/DWK/ND in

C.C. No. 44350/2019 („complaint‟ in short), titled as

Kawaljeet Singh Duggal vs. C.P. Systems Pvt. Ltd. & Ors.,

whereby the petitioner‟s application under section 322 Cr.PC

was dismissed; and

(ii)

dropping of the proceedings against the petitioners under

section 138 of Negotiable Instruments Act („N.I.Act‟ in

short) in the aforesaid complaint.

2.0

Briefly stating, the facts relevant for disposal of this petition are

that :

(i) Kawaljeet Singh Duggal/ respondent no. 2 herein through his

Special Power of Attorney („SPA‟ in short)/Authorized

Representative Sh. Sanjeev Malik Chand filed the complaint

under Section 138 N.I. Act against the respondent no. 3 i.e. M/s.

C.P. Systems Pvt. Ltd. and its directors, namely, Sanjay

Shandilya (petitioner no. 1 herein) and Vikas Ahuja, Akash Rai

Gupta (petitioner no. 2 herein) and Suchan Jamkhandi Sunil;

(ii) vide order of Ld. MM dated 11.12.2019, the accused persons

including the petitioners herein were summoned for 13.02.2020;

(iii)the accused no. 2 & 4/the petitioners herein filed an application

u/s. 322 Cr.PC for review of summoning order dated

Digitally Signed

By:GEETA JOSHI

Signing Date:21.12.2022

12:16:20

Signature Not Verified

Neutral Citation Number:2022/DHC/005538

11.12.2019 and for dropping of the proceedings u/s. 138 N.I.

Act against them;

(iv)

the said application was dismissed by the Ld. Magistrate vide

order dated 29.04.2022/ the impugned order, observing that the

Ld. MM does have criminal and territorial jurisdiction to

proceed in the matter, rejecting the petitioner‟s plea of lack of

jurisdiction against them.

3.0

The petitioners have challenged the impugned order dated

29.04.2022, inter alia, on the grounds that:

(i) the Special Power of Attorney holder Sh. Sanjeev Malik Chand

had no authority to file the complaint u/s. 138 N.I. Act against

the petitioners as the Special Power of Attorney („SPA‟ in

short), on the basis of which he filed the complaint on behalf of

Kawaljeet Singh Duggal, did not empower him to implead the

petitioners herein;

(ii) the Ld. Magistrate failed to appreciate that as the said Special

Power of Attorney only mentioned that Sh. Sanjeev Malik

Chand could initiate, file, institute and do other things “in the

matter of Kawaljeet Singh Duggal Vs. C.P. Systems Pvt. Ltd.”,

it did not authorize the SPA holder to implead the petitioners

herein as accused in the aforesaid complaint; and no such

proceedings could have been continued by him before the Ld.

Trial Court;

(iii)Ld. Magistrate failed to a