Smt. Dharna Goyal @ Dharna Garg Vs Aryan Infratech Pvt. Ltd. (Delhi High Court)

Last updated: 05 December 2020

Court :
High Court Delhi

Brief :
Present petition has been filed by the Petitioner for quashing the summoning order dated 28.11.2016 and the complaint bearing CC No. 6573/2017 filed by the Respondent against the Petitioner under Sections 138/141/142 of the Negotiable Instruments Act (hereinafter referred to as ‘NIA’) as well as all further proceedings emanating therefrom including the order dated 04.12.2019 passed by the Special Judge NDPS in Criminal Revision bearing CR No. 114/2019 titled as Dharna Goyal v.M/s Aryan Infratech Pvt. Ltd.

Citation :
CRL.M.C. 708/2020 & CRL.M.A. 2910/2020 & 2912/2020

IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 16.10.2020

CRL.M.C. 708/2020 & CRL.M.A. 2910/2020 & 2912/2020
SMT. DHARNA GOYAL @ DHARNA GARG ..... Petitioner
Through: Ms. Sahiba Singh, Advocate

versus

M/S. ARYAN INFRATECH PVT. LTD. ..... Respondent
Through:

CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH

JYOTI SINGH, J. (ORAL)

1. Present petition has been filed by the Petitioner for quashing the summoning order dated 28.11.2016 and the complaint bearing CC No. 6573/2017 filed by the Respondent against the Petitioner under Sections 138/141/142 of the Negotiable Instruments Act (hereinafter referred to as ‘NIA’) as well as all further proceedings emanating therefrom including the order dated 04.12.2019 passed by the Special Judge NDPS in Criminal Revision bearing CR No. 114/2019 titled as Dharna Goyal v.M/s Aryan Infratech Pvt. Ltd.

2. Brief facts shorn of unnecessary details are that a complaint was filed by the Respondent against M/s Ringing Bells Pvt. Ltd., Accused No. 1 and five other Accused persons including the Petitioner herein under Sections 138/141/142 of the NIA. It was alleged in the complaint that in discharge of legal liability, Accused No. 1 issued a cheque bearing No. 731759 dated 28.10.2016 for an amount of Rs. 2 crores, duly signed by Accused No.2, with the consent and knowledge of the other Co-accused including the Petitioner and that the same was dishonoured on presentation. A legal notice of demand dated 02.11.2016 was sent on 04.11.2016 by the complainant but despite the receipt of the notice the Accused persons failed to remit the alleged outstanding amount. On the filing of the complaint, the Trial Court summoned the Accused including the Petitioner. The Petitioner herein has been arrayed as Accused No.5 in the capacity of CEO of Accused No.1 Company.

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