Nitin Gupta v. State (N.C.T. Delhi) & Anr.

Delhi HC8 Apr 2025CRL.M.C./5139/2023

Case brief

AI extract

What is this about?

CRL.M.C. 5139/2023; Section 482 CrPC quashing petition; Section 138 Negotiable Instruments Act, 1881; Complaint Case 2303/2020 P.S. Kotwali Chandni Chowk; Clide International Pvt. Ltd. vs Nitin Garg; cheque issued by proprietorship firm M/s Balaji Pharma; petitioner neither proprietor nor signatory; summoning order 18.02.2020 quashed; discharge application rejected 12.04.2022; notice framed 20.09.2022; Nitin Gupta; Amit Sharma J; order dated 08.04.2025; pending applications disposed.

What did the court decide?

Petition allowed and disposed of; Complaint Case no. 2303/2020, the summoning order dated 18.02.2020 and subsequent orders quashed qua petitioner Nitin Gupta; pending applications, if any, disposed of accordingly. ¶¶26

Nitin Gupta Vs State (N.C.T. Delhi) & Anr. — Cheque Dishonour | Delhi HC (2025)

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$~42

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IN THEHIGH COURTOF DELHIAT NEW DELHI

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CRL.M.C. 5139/2023, CRL.M.A. 15793/2024& CRL.M.A.

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18843/2024

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NITIN GUPTA .....Petitioner

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Through: Mr. Puneet Bajaj, Adv. (through VC). versus

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STATE (N.C.T. DELHI) & ANR. .....Respondents

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Through: Mr.Sanjeev Sabharwal, APP for the State with Ms.Mansi Sharma, Advocate.

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SI Jaipal Singh, P.S. Kotwali, Delhi. Mr. Vijay Singh, Mr. Ashish Kumar & Mr. Shubh Goyal, Advs. for R-2 (through VC).

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CORAM:

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HON'BLE MR. JUSTICE AMIT SHARMA

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O R D E R

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% 08.04.2025

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This hearing has been done through hybrid mode.

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The present petition under Section 482 of the Cr.P.C. seeks the following prayers:

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“a. Quash the complaint titled as Clide International Pvt. Ltd. vs Nitin Garg, Proprietor &Anr. CC no. 2303/2020 P.S. Kotwali Chandni Chowk under Section 138 Negotiable Instruments Act, 1881; and

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b. Quash/ set aside the summoning order dated 18.02.2020, order dated 12.04.2022 rejecting the discharge application, order dated 20.09.2022 framing notice and all consequent and subsequent proceedings in complaint titled as Clide International Pvt. Ltd. vs Nitin Garg, Proprietor &Anr. CC no. 2303/2020 P.S.

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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 16/04/2025 at 12:39:45

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Kotwali Chandni Chowk under Section 138 Negotiable Instruments Act, 1881; and

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c. Till the disposal of the present petition stay the proceedings of Complaint no. 2303/2020 titled as Clide International Pvt. Ltd. vs Nitin Garg, Proprietor Police Station Kotwali, Chandni Chowk under Section 138 Negotiable Instruments Act, 1881; and/ or

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d. Pass any other order(s) which this Hon'ble Court may I deem fit and proper under the facts and circumstances of this case.”

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Learned counsel appearing on behalf of the petitioner submits that the cheque in question was issued by proprietorship firm in the name of M/s Balaji Pharma and the present petitioner was neither a proprietor of the said firm nor a signatory to the said cheque. It is further submitted that no document had been filed alongwith the complaint before the learned Trial Court to show that the present petitioner was anyway connected with the said proprietorship concern i.e., M/s Balaji Pharma. It is further submitted that the present petitioner has been shown by the name of ‘Mr. Nitin Garg, proprietorM/s Balaji Pharma’ in the said complaint.

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Learned counsel appearing on behalf of respondent no.2 fairly submits that there is no document on record to show that the present petitioner was the proprietor of M/s Balaji Pharma.

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In view of the above, the present petition is allowed and disposed of accordingly.

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The Complaint Case no. 2303/2020, the summoning order dated 18.02.2020 and subsequent orders emanating from said Complaint Case stand quashed qua the present petitioner.

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