Petition under section 528 BNSS challenging summons in a section 138 NI Act case. Respondent pointed to the alternative remedy under section 438 BNSS before the Sessions Court. Petitioners withdrew with liberty; petition disposed as withdrawn.
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$~91
CANNON INDUSTRIES PRIVATE LIMITED AND ORS.
.....Petitioners Through: Counsel (appearance not given).
versus
HAZOORILAL AND SONS JEWELLERS PRIVATE LIMITED
.....Respondent Through: Ms. Devna Soni and Mr. Viren Bansal, Advocates.
CORAM: HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
O R D E R % 20.04.2026
CRL.M.A. 12016/2026 (exemption)
Exemption granted, subject to just exceptions. Let requisite compliances be made within 01 week.
The application stands disposed of.
CRL.M.C. 2955/2026 & CRL.M.A. 12015/2026 (stay)
By way of the present petition filed under section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023 (‘BNSS’), the petitioners impugn order dated 08.10.2025 in CC NI Act No. 11991/2025 whereby the learned Magistrate has issued summons to the petitioners in case under section 138 of the Negotiable Instruments Act 1881.
CRL.M.C. 2955/2026
Page 1 of 2
This is a digitally signed order.
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BNSS, which are revisional proceedings, before the learned Sessions Court and the present petition under section 528 of the BNSS is not maintainable.
ANUP JAIRAM BHAMBHANI, J
APRIL 20, 2026/ hb
CRL.M.C. 2955/2026
Page 2 of 2
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 24/04/2026 at 12:28:39
1 issue framed by the court
Whether a petition under section 528 BNSS is maintainable against summons issued under section 138 NI Act when an alternate remedy exists under section 438 BNSS before the Sessions Court?
3 provisions across 2 enactments
Cannon Industries Private Limited and Ors.
Hazoorilal and Sons Jewellers Private Limited
Anup Jairam Bhambhani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
