NOIDA DHATU PVT LTD vs UDAI CONTINENTALS & ANR

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: March 21, 2025 Pronounced on: July 01, 2025 + CRL.A. 818/2013 NOIDA DHATU PVT. LTD. .....Appellant Through: Mr. Vishwendra Verma & Ms. Shivali, Advocates Versus UDAI CONTINENTALS & ANR. .....Respondents Through: Mr. Roshan Lal Saini, Advocate for Respondent No.2 CORAM: HON’BLE MS. JUSTICE SHALINDER KAUR JUDGMENT 1. The present Criminal Appeal under Section 378 of the Code of Criminal Procedure, 1973 (Cr.P.C.) has been filed by the Appellant, assailing the Judgment dated 24.09.2011 (“Impugned Order”), passed by the learned Metropolitan Magistrate, Karkardooma Courts, Delhi, in Complaint Case No. 401/2004, titled “M/s Noida Dhatu Pvt. Ltd. vs. M/s Udai Continentals & Anr”, whereby the Respondent No.2 has been acquitted of the offence under Section 138 of the Negotiable Instruments Act, 1881 (“NI Act”). Signature Not Verified CRL.A. 818/2013 Digitally Signed By:SHALINI UNIYAL BHATT Page 1 of 13 Signing Date:01.07.2025 12:52:34 2. Before proceeding to the submissions addressed on behalf of the parties, it would be relevant to set out the factual matrix, which has led to the filing of the present Criminal Appeal. Factual Background 3. The Appellant, M/s. Noida Dhatu Pvt. Ltd., a company registered under the Companies Act, 1956, is engaged in the business of manufacturing of Acoustic Enclosures (Canopy) and Genset Control Panels. The Respondent No.1, M/s Udai Continentals, a proprietorship concern, is engaged in the business of trading of Diesel Generating Sets, under the Proprietorship of Mr. D.P. Singh, who has been arrayed as Respondent No. 2. 4. It is the case of the Appellant that the Appellant and Respondent No. 2 had entered into business transaction wherein an order for supply of canopies was placed by Responden