CRL.M.C. 437/2019 JASWEEN SANDHU V STATE & ANR.

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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. 437/2019, CRL.M.A. 1895/2019 & CRL.M.A.

13096/2022

JASWEEN SANDHU

….. Petitioner

Through: Mr.

Sachin

Sood

and

Mr.Ripin Sood, Advocates.

V

STATE & ANR.

.… Respondents

Through: Mr. Ashok Kr. Garg, APP

for State/R-1 with SI Deepak

Yadav, P.S. Hauz Khas.

Mr.

Vivek

Sood,

Sr.

Advocate

alongwith

Mr.

Sundeep

Sehgal,

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 bearingCC no 6437 of 2017 and the

summoning order dated 03.06.2017 (hereinafter referred to as ―the

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CRL.M.C. 437/2019 JASWEEN SANDHU V STATE & ANR.

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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 2 in

complaint)and her sister namely Amrit Sandhu Coster (arrayed as the

accused no 1 in complaint and is petitioner in Crl. M.C. bearing no

556/2019) 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 cheque in 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

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CRL.M.C. 437/2019 JASWEEN SANDHU V STATE & ANR.

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11.04.2017. The petitioner and Amrit Sandhu Coster 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 Amrit Sandhu Coster. 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

petitioner at present is residing at USA and never had any dealing

with the respondent No 2. The petitioner entered into an Assured

Return Agreement with M/s Cyberwalk Tech Park Private Limited on

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CRL.M.C. 437/2019 JASWEEN SANDHU V STATE & ANR.

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16^th September, 2011 for the allotment of super area of 1856 Sq. ft.

space bearing unit No 802 on the eighth floor of Eco Tower I in the

proposed project without involvement of third party. The petitioner

never employed services of the respondent no 2. Amrit Sandhu

Coster who is sister of the petitioner intimated her