2024 (12) TMI 1090

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....dha Singh, Adv. Mr. Sudeep Chandra, Adv. For the Respondent : Mrs. Aishwarya Bhati, A.S.G. Mr. R Bala, Sr. Adv. Mr. Mukesh Kumar Maroria, AOR Mrs. Nidhi Khanna, Adv. Mr. Akshay Amritanshu, Adv. Mrs. Vimla Sinha, Adv. Mrs. Preeti Rani, Adv. Ms. Rukmini Bobde, Adv. Mr. Raman Yadav, Adv. Mr. Murari Kumar, Adv. Mr. Animesh Kumar, Adv. Mr. Shiv Shankar, Adv. Mr. Neeraj Shekhar, AOR JUDGMENT C. T. RAVIKUMAR, J. Leave granted in all the captioned Special Leave Petitions. 1. The captioned quintuplet appeals by special leave arise from a common judgment dated 21.08.2023 respectively in Crl. M.C. Nos.5981 of 2022, 5982 of 2022, 5975 of 2022, 5980 of 2022 and 5965 of 2022, passed by the High Court of Delhi at New Delhi. As per the impug....

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.... of the aforementioned complaint cases alleging commission of offence under Section 138, NI Act. Since the parties in all the above appeals are the same, for convenient sake, hereafter in this judgment the accused-Ravi Dhingra is referred to as the 'appellant' and the second-respondent company viz., the complainant is referred to as the 'respondent'. 3. In all those cases, on the respective complaints filed by the self-same respondent, cognizance was taken, and they were taken on file by the learned Metropolitan Magistrate, New Delhi District, Patiala House Courts, New Delhi (for brevity 'the Magistrate'). In all the cases before the High Court, besides seeking quashment of the summoning orders, the appellant herein has also challenged t....

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.... to convince us that the complaint concerned carried necessary averments required statutorily to maintain them however, on perusing the said complaints, we have no hesitation to hold that the aforesaid mandatorily required averments to attract an offence under Section 138 of the NI Act are conspicuously absent in all the complaint(s). To make the appellant to stand the trial, in such circumstances, would be nothing but abuse of the process of the Court. When that be the position, they are liable to be set aside in the light of Ashok Shewakramani's case (supra). 9. In the said circumstances, we are of the view that appellant has made out a case warranting quashment of the common order dated 21.08.2023 passed in Crl. M.C. Nos. 5981 of 2022....