Darbari Lal v. NCT of Delhi & Anr.
Case brief
What is this about?
On an application seeking quashing of a summons issued under Section 138 of the Negotiable Instruments Act, the Court noted that the maintainability of the complaint due to the death of the payee is sub-judice before the trial court and directed the trial judge to consider the submissions.
What the court decided
A compact analysis
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- IN THE HIGH COURT OF DELHI AT NEW DELHI
- W.P.(CRL) 1756/2016 & Crl.M.A.No.9132/2016 DARBARI LAL
..... Petitioner
- Through: Ms Charu Sachdev, Adv
- versus
NCT OF DELHI & ANR
..... Respondents Through: Mr Rajesh Mahajan, ASC for State
CORAM: HON'BLE MS. JUSTICE INDERMEET KAUR
- O R D E R
- % 08.02.2018
Petitioner is seeking quashing of the summoning order dated 01.10.2008; the said summoning order being issued by the Magistrate under the provisions of Section 138 of the Negotiable Instruments Act.
Issues for consideration
1 issue framed by the court
Whether the complaint filed by an heir of the deceased payee is maintainable under Section 138 of the Negotiable Instruments Act when the deceased dies before the expiry of the prescribed period.
Parties & counsel
- petitioner
Dabari Lal
- respondent
National Capital Territory of Delhi
Coram
Indermeet Kaur
Case details
As recorded by the court registry
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