SANJAY DHINGRA vs WOORI BANK, GURGAON BRANCH

Judgment text excerpt

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 03.02.2025 + CRL.M.C. 3980/2019 & CRL.M.A. 33403/2019 SANJAY DHINGRA .....Petitioner versus WOORI BANK, GURGAON BRANCH ..... Respondent Advocates who appeared in this case: For the Petitioner : Mr. Karan Batura & Mr.Jayant Chawla, Advocates For the Respondent : SI Rohit (P.S. Crime Branch) CORAM HON’BLE MR JUSTICE AMIT MAHAJAN JUDGMENT 1. The present petition is filed against the order dated 26.11.2018 (hereafter ‘impugned order’) passed by the learned Metropolitan Magistrate (‘MM’), Patiala House Courts, New Delhi in CC No. 16287/2016 whereby summons were issued to the petitioner for the offence under Section 138 of the Negotiable Instruments Act, 1881 (‘NI Act’). Signature Not Verified Signed By:HARMINDER KAUR Signing Date:06.02.2025 CRL.M.C. 3980/2019 Page 1 of 12 19:00:34 2. Respondent No.1 was initially represented before this Court through the learned counsel. However, none had appeared on their behalf after 29.08.2022. It is pointed out that none had been appearing for the respondent before the learned Trial Court as well. By order dated 12.01.2024, it was made clear that in case none appears on behalf of the respondent on the next date of hearing, the arguments will be heard ex parte. 3. The brief facts of the present case are that the respondent bank/complainant extended a loan of ₹19,00,00,000/- to M/s. Kwality Limited/accused no. 4 on 01.02.2018. The petitioner is the Managing Director of M/s. Kwality Limited. It is alleged that M/s. Kwality Limited persistently neglected to repay the principal, interest and charges in respect of the loan. It is alleged that thereafter a legal notice dated 25.07.2018 was sent to M/s. Kwality Limited to make the outstanding payment, however no reply to the said l