Allowed

M/S. Ans Construction Pvt. Ltd. v. M/S Nellore International Airport Limited & Ors.

Delhi HC23 Jul 2024TR.P.(CRL.)/76/2024

Case brief

AI extract

What is this about?

Petitioner sought transfer of two pending NI Act complaint cases to a different Magistrate Court to prevent contradictory judgments. The High Court ordered the transfer of cases from Digital Court-01 to Digital Court-03 as summons were not yet issued.

What did the court decide?

Transfer of Complaint Cases Nos. 23/2022 and 2841/2022 from Digital Court-01, South East District to Digital Court-03, South District.

M/S. Ans Construction Pvt. Ltd. Vs M/S Nellore International… — Cheque Dishonour | Delhi HC (2024)

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$~108

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- TR.P.(CRL.) 76/2024

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M/S. ANS CONSTRUCTION PVT. LTD. .....Petitioner

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Through: Mr. Utkarsh Singh, Mr. Gaurav Bishnoi, Mr. Tauheed Arshi, Mr. Parteek Mathur, Mr. Mayank Gupta, Advs.

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versus

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M/S NELLORE INTERNATIONAL AIRPORT LIMITED & ORS. .....Respondents

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Through:

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CORAM:

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HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

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O R D E R

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% 23.07.2024 CRL.M.A. 21354/2024(Exemption)

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Exemption is allowed subject to all just exceptions

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TR.P.(CRL.) 76/2024

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The present petition has been filed under Section 407 Cr. PC seeking transfer of the complaint case No.23/2022 and complaint case No. 2841/2022 titled as M/S. ANS CONSTRUCTION PVT. LTD vs. M/S NELLORE INTERNATIONAL AIRPORT LIMITED & ORS.pending before the learned MM, NI Act, Digital Court-01, South East District Delhi to the Court of learned MM (NI Act, Digital Court-03, South District, New Delhi.

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Learned counsel for the petitioner submits that in fact five cheques were issued by the respondent to the petitioner bearing cheques

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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 03/07/2025 at 07:24:05

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Nos.000609 to 000613. Learned counsel submits that since all the cheques were dishonored, the complaint under Section 138 of the NI Act was filed. Learned counsel submits in all three criminal complaints under Section 138 of the NI Act were filed. It has been submitted that regarding two cheques Complaint Case No.2450/2022 is pending before the Court of learned MM (NI Act, Digital Court-03, South District, New Delhi.

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Learned counsel submits that the complaint case No. 23/2022 and 2841/2022 are pending in the Court of learned MM (NI Act, Digital Court-01, South East District Delhi. The summons have yet not been issued.

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Learned counsel submits that for the purpose of avoiding any contradictory judgments and expeditious disposal, the complaint cases Nos. 23/2022 and 2841/2022 which are pending in the Court of Learned MM (NI Act, Digital Court-01, South East District Delhi may be transferred to the Court of Learned MM (NI Act, Digital Court-03, South District, New Delhi.

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Since the summons have yet not been issued in the complaint case Nos. 23/2022 and 2841/2022 and to avoid any contradictory judgment and expeditious trial, the complaint cases Nos. 23/2022 and 2841/2022 are withdrawn from the Court of Learned MM (NI Act, Digital Court-01, South East District Delhi and transferred to the Court of Learned MM (NI Act, Digital Court-03, South District, New Delhi.

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Learned Principal and District Session Judge, South East District Delhi is requested to send the complete record of the complaint case

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Nos. 23/2022 and 2841/2022 to the Learned Principal and District Session Judge, South District, New Delhi.

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Learned Principal and District Session Judge, South District, New Delhi is requested to assign the matters to the competent court.

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In view of the above, the present petition stands disposed of.

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DINESH KUMAR SHARMA, J

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JULY 23, 2024

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Pallavi

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M/S. Ans Construction Pvt. Ltd. v. M/S Nellore International Airport Limited & Ors.

Case brief

What is this about?

What did the court decide?

M/S. Ans Construction Pvt. Ltd. v. M/S Nellore International Airport Limited & Ors.

Case brief

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