MR. MANOJ NAGAR vs COIM INDIA PVT. LTD.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 8th May, 2025 Pronounced on: 18th August, 2025 + CRL.M.C. 2325/2023 & CRL.M.A. 8757/2023 MR. MANOJ NAGAR .....Petitioner Through: Mr. Mayank Kshirsagar, Mr. Akhilesh Yadav and Mr. Parth Sarath I., Advocates versus COIM INDIA PVT. LTD. .....Respondent Through: Mr. Dinesh Minocha, Mr. Hariday Minocha and Mr. Ajay Yadav, Advocates CORAM: HON'BLE MR. JUSTICE AMIT SHARMA JUDGMENT AMIT SHARMA, J. 1. The present petition under Section 482 of the Code of Criminal Procedure, 1973, (for short, ‘CrPC’) has been filed seeking the following prayers: - “In light of the foregoing facts, it is humbly prayed that this Hon'ble Court may be pleased to: Signature Not Verified Digitally Signed By:BHASKAR SINGH RAWAT CRL.M.C. 2325/2023 Page 1 of 23 Signing Date:19.08.2025 05:22:28 a) Quash and set aside the complaint bearing CC No. 9656/2019 pending before the Ld. Metropolitan Magistrate, Tis Hazari, New Delhi; and/or b) Quash and set aside the Final Order dated 07.01.2020 passed by the Ld. Metropolitan Magistrate Tis Hazari Court Complex, New Delhi in complaint bearing CC No. 9656/2019, c) Pass other and such orders as this Hon'ble Court deems fit in the interest of justice.” 2. The present petition arises out of complaint, CC No. 9656/2019, under Section 138 read with Section 142 of the Negotiable Instruments Act, 1881, (for short, ‘NI Act’) filed by the respondent/company against the petitioner. Necessary averments in the complaint filed by the respondent/company are as under: - “3 . That the Accused is the Sole proprietor of Mans Marketing and incharge for day to day affairs and responsible for conduct of the business of Mans Marketing being its sole proprietor. The Accused is also the signatory of cheque in question. 4. That the