MOHIT KUMAR ALIAS MOHIT GOELL vs SHARP CORP LTD

Judgment text excerpt

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 14.08.2025 + CRL.M.C. 5605/2025, CRL.M.A. 24054/2025 & CRL.M.A. 24053/2025 MOHIT KUMAR ALIAS MOHIT GOELL .....Petitioner Through: Mr. Sandeep Sharma, Sr. Advocate with Mr. Amit Choudhary, Ms. Akansha Mehra, Advocates versus SHARP CORP LTD .....Respondent Through: None. CORAM: JUSTICE GIRISH KATHPALIA J U D G M E N T (ORAL) 1. The petitioner, being accused no. 3 before the trial court seeks quashing of Criminal Complaint Case No. 13024/2019, titled Sharp Corp. Limited vs. Family of Dry Fruits India Pvt. Limited & Ors under Section 138 Negotiable Instruments Act, pending trial before learned Magistrate. 2. I have heard learned Senior Counsel for petitioner. 3. The only ground on which the subject complaint case is assailed is the alleged defect in the Board Resolution, which authorized the representative of the complainant company to file and prosecute the complaint. It is contended by learned Senior Counsel that since the cheques in question CRL. M.C. 5605/2025 Page 1 of 3 pages Signature Not Verified GIRISH Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3962c 6fb4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID KATHPALIA - 7047638, postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d15570996b40f80 cbd2eee60402c487965ff801e26fa, cn=GIRISH KATHPALIA Digitally Signed Date: 2025.08.14 18:13:38 -07'00' By:NEETU N NAIR Signing Date:14.08.2025 18:15:41 bounced on 08.07.2019 and the subject complaint case was filed on 02.09.2019, the Board Resolution dated 09.05.2019 is not correct authority to file the complaint. Learned Senior Counsel for petitioner further submits that even subsequently, though prior to summoning of the petitioner,