Disposed

Sh. Sanjay Kackar v. Shahi Realtech Pvt. Ltd. & Anr.

Delhi HC24 Sept 2025CRL.M.C./5308/2025

Case brief

AI extract

What is this about?

Petitioner challenged complaint proceedings under Section 138 NI Act, relying on a prior judgment quashing a summary case and declaring him not vicariously liable. Court disposed of petitions granting liberty to withdraw and raise arguments before Trial Court. Pending applications disposed.

What did the court decide?

Petitions disposed with liberty to petitioner to withdraw them and raise arguments before Trial Court. Pending applications disposed.

Sh. Sanjay Kackar Vs Shahi Realtech Pvt. Ltd. & Anr. — Cheque Dishonour | Delhi HC (2025)

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$~30 & 31

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 5295/2025 & CRL.M.A. 22841/2025 SH. SANJAY KACKAR .....Petitioner

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Through: Mr. Praveen Kumar and Mr. Suman Raj, Advocates.

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versus

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SHAHI REALTECH PVT. LTD .....Respondent Through:

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CRL.M.C. 5308/2025 & CRL.M.A. Nos. 22873-74/2025 SH. SANJAY KACKAR .....Petitioner Through: Mr. Praveen Kumar and Mr. Suman Raj, Advocates.

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versus

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SHAHI REALTECH PVT. LTD. & ANR. .....Respondents Through:

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CORAM:

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HON'BLE MR. JUSTICE AMIT MAHAJAN O R D E R

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% 24.09.2025

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The present petitions are filed challenging the proceedings in Complaint Cases No. 9088/2018 and 11746/2018 filed by the respondent under Section 138 of the Negotiable Instruments Act, 1881 (‘ NI Act ’).

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The learned counsel for the petitioner, at the outset, submits that this Court by judgment dated 04.10.2024, has already quashed the summoning order passed in complaint case No. 8673/2018 under Section 138 of the NI Act. He submits that it was observed that the petitioner could not have been made

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This is a digitally signed order.

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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 27/09/2025 at 11:40:28

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vicariously liable for the dishonour of the cheques in question or summoned for the offence committed by the company.

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He submits that the complaints, which are subject matter of the present petitions, relate to dishonour of other cheques arising out of the same facts. He submits that the judgment dated 04.10.2024 is binding on the learned Trial Court.

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He seeks liberty to withdraw the present petitions and raise all the arguments before the learned Trial Court while seeking discharge.

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The petitions are disposed of with the aforesaid liberty.

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Pending applications also stand disposed of.

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Needless to say, the petitioner is at liberty to approach this

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Court in case any grievance remains in future.

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A copy of this order be placed in both the matters.

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AMIT MAHAJAN, J

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SEPTEMBER 24, 2025 DU

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This is a digitally signed order.

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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 27/09/2025 at 11:40:28

Sh. Sanjay Kackar v. Shahi Realtech Pvt. Ltd. & Anr.

Case brief

What is this about?

What did the court decide?

Sh. Sanjay Kackar v. Shahi Realtech Pvt. Ltd. & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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