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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 1696/2024 & CRL.M.A. 6523/2024 (Stay)
SAURABH SHARMA ..... Petitioner
Through: Mr. Sumit Nandvani, Advocate
(through VC).
versus
PRESIDIO SECURITY GROUP LLP ..... Respondent
Through: None.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
O R D E R
% 29.02.2024
CRL.M.A. 6522/2024 (Exemption)
1. Exemption allowed, subject to just exceptions.
2. The application is accordingly disposed of.
CRL.M.C. 1696/2024 & CRL.M.A. 6523/2024 (Stay)
3. The present petition under Section 482 of the CrPC seeks the
following prayers:
“i. Quash the Complaint Case CC NI ACT/6389/2022 for the
offence w/s 138 Negotiable Instruments Act, 1881 titled as M/s
Presidio Security Group
LLP vs M/s Aarav International”, pending
in the court of Ms Norma Jain, Ld. MM, South, Saket Courts, New
Delhi U/s 138 of the Negotiable Instruments Act, 188lalong with all
the proceedings emanating there from.
ii. Pass any other order or directions that
this Hon‟ble Court may
deem fit and proper in the facts and circumstances of the case in
favor of the petitioner.”
4. Learned counsel for the petitioner submits that the latter entered into a
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service agreement with the respondent. Thereafter, the petitioner continued
to make payments for services rendered pursuant to the said agreement. It is
submitted that various payments have been made totalling to Rs. 15,10,662/-
till 26.04.2022. It is submitted that thereafter, the respondent filled in the
particulars of a blank cheque given by the petitioner with a sum of Rs.
21,71,832/- and deposited the same with the bank. The said cheque
dishonored on 25.07.2022 and the subject complaint was filed. The
impugned summoning order was passed on 22.10.2022, whereby the
petitioner was summoned to face trial under Section 138 of the Negotiable
Instruments Act, 1881.
5. It is submitted that the subject cheque was issued only for the purpose
of security and the debt owed had already been paid to the respondent. It is
submitted that the cheque in question was not paid towards a legally
enforceable debt and therefore, the petitioner cannot be prosecuted under
Section 138 of the Negotiable Instruments Act.
6. Heard learned counsel for the petitioner and perused the records.
7. The present petition has been filed under Section 482 of the CrPC,
invoking inherent powers of this Court, seeking to set aside the impugned
summoning order and quash the subject complaint instituted on behalf of the
respondent under Section 138 of the Negotiable Instruments Act.
8. It is settled law that the scope of enquiry in exercise of jurisdiction
under Section 482 of the CrPC is limited. This inherent jurisdiction must be
exercised sparingly and with great circumspection. It is pertinent to note that
the issues raised by the petitioner are disputed questions of fact and at this
stage, where parties have not led any evidence, this Court cannot embark
upon a detailed examination of the same. The said disputed questions of fact
This is a digitally signed order.
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are before the learned Trial Court, to be adjudicated upon by the said Court
after the parties have led evidence in support of their case.
9. In view of the above, this Court is of the considered opinion that no
grounds for allowing the prayers in the present petition are made out.
10. The petition is dismissed and disposed of accordingly.
11. Pending applications, if any, also stand disposed of.
12. Needless to state, nothing stated hereinabove is an opinion on the
merits of the case.
AMIT SHARMA, J
FEBRUARY 29, 2024/bsr
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 04/03/2024 at 11:17:10