M/S R.S. INFRAWELL INDIA PVT. LTD & ANR. vs M/S DEVVRAT IMPEX PVT. LTD.

Judgment text excerpt

$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision:1st April, 2025 + CRL.M.C. 2150/2025 1. M/S R.S. INFRAWELL INDIA PVT. LTD. THROUGH IT'S DIRECTOR SH. NIRAJ SINGH SHOP NO. 308,309, 3RD FLOOR, MSX TOWER -I GREATER NOIDA, G.B. NAGAR, U.P-201308 ALSO AT R/o A-08, SECTOR-19, NOIDA-U.P- 201310 ......Petitioner No.1. 2. SH. NIRAJ SINGH S/0 SH. BIJENDER MALIK R/o A-08, SECTOR-19, NOIDA-U.P- 201310 ......Petitioner No.2. Through: Mr. Areet Gaur, Advocate. versus M/S DEVVRAT IMPEX PVT. LTD. THROUGH IT'S IT'S DIRECTOR SH. MAYANK PERIWAL OFFICE AT- G-73 , SECTOR-6, NOIDA, U.P- 20I30I .....Respondent Through: CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T (oral) CRL.M.A. 9680/2025 (Seeking Exemption) Signature Not Verified Digitally Signed By:VIKAS ARORA CRL.M.C. 2150/2025 Page 1 of 6 Signing Date:03.04.2025 18:14:49 1. Allowed, subject to just exceptions. 2. The Application is accordingly disposed of. CRL.M.C. 2150/2025 1. Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 („BNSS‟ hereinafter) has been filed for setting aside the Order dated 15.05.2024 vide which the prayer of the Petitioner (Accused) to get the documents relied upon by the Respondent/ Complainant sent for Forensic Analysis, has been rejected. 2. Briefly stated, Complaint case No.16320/2018 titled “M/s. Devvrat Impex Pvt Ltd vs. M/s. R.S.Infrawell India Pvt Ltd” has been filed under Section 138 N.I. Act by Respondent No.2 against the Petitioners in regard to dishonour of cheques on account of “Drawers Signature differs”. 3. It is submitted that the Petitioners/accused entered their first appearance on 26.04.2022 and only then they became aware of the pending proceedings. The statement of the Petitioners was recorded under Section 251 of the Code of Criminal