PROFESSIONALTECHNICAL SERVICES vs PAVITRA MILK PRODUCTS PVT. LTD. & ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 5th August, 2025. Pronounced: on: 19th August, 2025. + CRL.M.C. 1105/2019 & CRL.M.A. 34565/2024 PROFESSIONALTECHNICAL SERVICES .....Petitioner Through: Mr. Pratap Singh, Mr. Navneet Sharma and Mr. Ajay Sharma, Advocates. versus PAVITRA MILK PRODUCTS PVT. LTD. & ORS. .....Respondents Through: Mr. Durgesh Kumar Pandey and Ms. Ritika Davis Franklin, Advocates for R-1 to 3. Mr. Vishal Ahluwalia, Respondent No. 4 (through VC). CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA JUDGMENT SANJEEV NARULA, J.: CRL.M.A. 34565/2024 (on behalf of Petitioner seeking permission to file amended petition) 1. For the grounds and reasons stated in the application, the same is allowed and the amended petition is taken on record. 2. Disposed of. CRL.M.C. 1105/2019 3. The Petitioner, who is the Complainant in CIS Case No. Signature Not Verified Digitally Signed CRL.M.C. 1105/2019 Page 1 of 15 By:AKANSHA SINGH Signing Date:19.08.2025 20:14:56 4991781/2016, under Section 138 of the Negotiable Instruments Act, 18811 has invoked the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 19732 (now Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023) and Article 227 of the Constitution of India, 1950 assailing order dated 3rd November, 20173 passed by the Metropolitan Magistrate,4 NI Act-02, South West, Dwarka. The impugned order observed that the Settlement Agreement dated 29th September, 2016,5 executed between the parties, was null and void. 4. The genesis of the dispute arises from a cheque bearing No. 264730 dated 25th June, 2015, for an amount of INR 22,43,400/-, allegedly issued by the Respondents towards discharge of their liability for supply of material by the Petitioner. Upon presentation, the cheque was dis