M/S BEST BUILDWELL PVT. LTD. & ORS. vs M/S R.D. SALES

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 25th April, 2025 Pronounced on: 05th June, 2025 + CRL.M.C. 1326/2025 & CRL.M.A. 5870/2025 M/S BEST BUILDWELL PVT. LTD. & ORS. .....Petitioners Through: Mr. Bhuvan Mishra, Mr. Yash Maheshwari, Mr. Tanmay Mishra and Mr. Krishna Kanhaiya Kumar, Advs. versus M/S R.D. SALES .....Respondent Through: Mr. Uday Seth and Ms. Puja Dewan, Advs. SI Monu Chauhan (I.O), PS. Crime Branch. CORAM: HON'BLE MR. JUSTICE RAVINDER DUDEJA JUDGMENT RAVINDER DUDEJA, J. 1. The present petition has been filed under Section 528 of the Bharatiya Nagarik SurakshaSanhita, 2023, seeking quashing of the summons dated 18.09.2024 and the consequential proceedings arising CRL.M.C. 1326/2025 Page 1 of 8 Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Date:05.06.2025 14:43:33 out of CC No. 4878/2024 titled "R.D. Sales v. M/s. Best Buildwell Pvt. Ltd. & Ors." 2. Briefly stated, the facts as per the petition are that the petitioners and the respondent have had longstanding business dealings, and in relation to their most recent transaction in November–December 2023, the petitioners issued two cheques dated 10.11.2023 and 11.12.2023 for Rs. 2,40,000/- each towards the payment of TMT bars, with the mutual understanding that the cheques would not be presented without prior intimation and consent. On 22.01.2024, the petitioners' bank account was provisionally attached by the CGST Department under Section 83 of the CGST Act, 2017, thereby prohibiting any debit transactions. 3. It has been submitted that petitioners duly informed the respondent of this attachment in January 2024 and requested that the cheques be not presented until the account was de-freezed. Notwithstanding this, the respondent presented the cheques on 08.02.2024, which