MEHTA PRASANTBHAI MUKUNDRAY PARTNER M/S COAL CORPORATION vs M/S MAGNIFICO MINERALS PVT LTD.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:19th February, 2025 Pronounced on: 16th April, 2025 + CRL.M.C. 4042/2023, CRL.M.A. 15224/2023 & CRL.M.A.23514/2024 MEHTA PRASHANTBHAI MUKUNDRAY PARTNER M/S COAL CORPORATION .....Petitioner Through: Mr. Priank Adhyaru and Mr. Harsh Surti, Advocates (through VC). versus M/S MAGNIFICO MINERALS PVT LTD. .....Respondent Through: Mr. Alok Tripathi, Advocate. CORAM: HON'BLE MR. JUSTICE AMIT SHARMA JUDGMENT AMIT SHARMA, J. 1. The present petition under Section 482 of the Code of Criminal Procedure has been filed seeking the following prayers: - “In view of stated above, the Petitioners most respectfully prays to this Hon'ble Court may pleased to: - (a) Quash the Complaint Case No 44402 of 2016 dated 05.07.2016 under Section 138 and Section 142 of the NI Act 1881 pending before the Learned Presiding Officer, Special Court (NI ACT) Rouze Avenue Court, New Delhi. (b) Pass any other further order which may deem fit and proper by this Hon'ble Court in the interest of justice.” Signature Not Verified Digitally Signed By:SHIWANI NEGI CRL.M.C. 4042/2023 Page 1 of 8 Signing Date:18.04.2025 16:08:07 2. The present petition arises out of a complaint case being CC No. 44402/2016 filed by the respondent/complainant against the present petitioner/accused for the offence punishable under Section 138 read with Section 142 of the Negotiable Instruments Act, 1881 (for short, ‘NI Act’). The respondent/complainant is Private Limited Company registered under the Companies Act, 1956 and is engaged in business of import and trading of Coal. Petitioner has been arrayed as an accused, in the aforesaid complaint by the respondent, in his capacity as “Proprietor” of M/s Coal Corporation at Trilok Dham Temple Road, Kuber Nagar, Morbi Gujarat. It was