GURVINDER SINGH TOOR vs ROHIT MALHOTRA

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 01.08.2025 + CRL.M.C. 1474/2022 & CRL.M.A. 6375/2022 GURVINDER SINGH TOOR .....Petitioner Through: Mr. Sagar Pathak, Advocate. versus ROHIT MALHOTRA .....Respondent Through: Mr. Arjun Dewan and Mr. Akash Arora, Advocates. CORAM: HON’BLE DR. JUSTICE SWARANA KANTA SHARMA JUDGMENT DR. SWARANA KANTA SHARMA, J 1. The petitioner has approached this Court by way of this petition, seeking quashing of the Complaint Case No. 2435/2020, titled “Rohit Malhotra v. Gurvinder Singh Toor” under Section 138 of the Negotiable Instruments Act, 1881 [hereafter „NI Act‟] pending before the learned Metropolitan Magistrate, West District, Tis Hazari Court, Delhi [hereafter „Magistrate‟]. FACTUAL BACKGROUND 2. Brief facts of the case, as set out in the petition and evident from the complaint filed in this case, are that the petitioner is the Principal Director of a company incorporated under the name Zoi CRL.M.C. 1474/2022 Page 1 of 15 Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:01.08.2025 19:03:54 International Company Ltd. [hereafter „the Company‟], which is engaged in the business of textiles and used garments. The respondent herein was also one of the Principal Directors of the Company, holding 45% equity shareholding. He resigned from the directorship of the Company on 06.07.2020. The respondent had initially met the petitioner along with one Mr. Manish Alag in November 2018 to discuss a business project aimed at establishing a branch of the Company in Thailand. Pursuant to these discussions, the respondent decided to collaborate in the business and purchased 45% of the Company‟s shareholding. However, owing to certain disputes among the directors, the respondent, in February 2020, decided to