ADARSH SARAN & ANR vs CENTRAL BANK OF INDIA & ORS

Judgment text excerpt

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:24.02.2025 + CRL.M.C. 4497/2019 & CRL.M.A. 35347/2019 ADARSH SARAN & ANR ..... Petitioners versus CENTRAL BANK OF INDIA & ORS ..... Respondents + CRL.M.C. 2520/2020 & CRL.M.A. 17835/2020 ALOK KHANNA ..... Petitioner versus CENTRAL BANK OF INDIA ..... Respondent Advocates who appeared in this case: For the Petitioner(s) : Mr. Siddharth Aggarwal, Senior Advocate with Mr. Bhavya Sethi and Ms. Meghn Majhi, Advs. for the petitioners in CRL.M.C. 4497/2019. Mr. Himanshu Dubey, Adv. for the petitioner in CRL.M.C. 2520/2020. For the Respondent(s) : Mr. Vikash Kumar, Adv. for R-1 in CRL.M.C. 4497/2019. Mr. Ajay Vikram Singh and Ms. Priyanka Singh, Advs. for R-7 in CRL.M.C. 4497/2019. Mr. Vikash Kumar, Adv. for the respondent in CRL.M.C. 2520/2020. CORAM HON’BLE MR JUSTICE AMIT MAHAJAN Signature Not Verified Signed By:SHIKHA SEHGAL CRL.M.C. 4497/2019 & CRL.M.C. 2520/2020 Page 1 of 21 Signing Date:25.02.2025 21:15:23 JUDGMENT 1. The present petitions are filed seeking quashing of summoning order dated 24.03.2018 (hereafter ‘impugned order’) passed by the learned Metropolitan Magistrate (‘MM’), Patiala House Courts, New Delhi in complaint case bearing CC No. 36097/2016. 2. The subject complaint was filed by the respondent in CRL.M.C. 2520/2020 (hereafter ‘complainant’) under Section 138 of the Negotiable Instruments Act, 1881 (‘NI Act’) against the accused company – M/s West Haryana Highways (hereafter ‘accused company’) and its directors pursuant to the dishonour of the cheque issued by the accused company. The accused company is engaged in the business of construction/laning of roads. 3. It is alleged that the accused company approached the complainant for a grant of a term loan for the purpose of six/four laning of e