MADHURAM PAPER PVT. LTD. vs STATE & ORS.

Judgment text excerpt

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 28th April, 2025 + W.P.(CRL) 3781/2018 MADHURAM PAPER PVT. LTD. .....Petitioner Through: Mr. Tarun Aggarwal, Advocate. versus 1. STATE .....Respondent No. 1 2. M/S SHUBHAM PACKAGING INDUSTRIES Through its Partner Sh. Shubham Sharma .....Respondent No.2 3. SH. SHUBHAM SHARMA Partner of M/s Shubham Packaging Industries PAC Link Road, Subhash Nagar Jwalapur, haridwar-249407 Uttarakhand. .....Respondent No.3 Through: Mr. Amol Sinha, Ld. ASC for State with Mr. Kshitiz Garg, Mr. Ashvini Kumar, Mr. Nitish Dhawan and Ms. Sanskriti Nimbekar, Advocates. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T (Oral) 1. Petition under Article 226 of Constitution of India has been filed for setting aside Order of Ld. ACMM dated 27.10.2018 dismissing the Application under Section 319 Cr.P.C. to summon Respondent No. 3 – W.P.(CRL) 3781/2018 Page 1 of 8 Signature Not Verified Signed By:ANIL KUMAR BHATT Signing Date:02.05.2025 17:47:00 Shubham Sharma as accused as well as Complaint Case No. 51386/16 under Section 138 Negotiable Instruments Act, 1881(N.I. Act) as abated due to demise of the sole accused Amreesh Sharma. 2. Briefly stated, the Petitioner- M/s Madhuram Paper Pvt. Ltd. a Private Limited Company, was in the business of sale and supply of Craft Papers, who had supplied raw material for manufacturing of Corrugated Board/kraft papers through Invoice bearing No. 1269 dated 30.12.2011 for a sum of Rs. 3,83,509/- and Invoice bearing No. 1279 dated 01.01.2012 for a sum of Rs. 4,04,449/-, to M/S Shubham Packaging Industries, Partnership Firm. 3. Sh. Amrish Sharma, Partner of Respondent No.2 Firm had issued the Cheques No. 162310 dated 25.09.2012, No. 162312 dated 19.10.2012 and No. 162308 dated 19.12.2012 of R