SUNIT SURI vs STATE (GOVT OF NCT OF DELHI) AND ORS

Judgment text excerpt

$~62 & 63 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 26.05.2025 + CRL.M.C. 3708/2025, CRL.M.A. 16314/2025 & CRL.M.A. 16313/2025 SUNIT SURI .....Petitioner Through: Mr. Amitesh Chandra Mishra, Advocate. versus STATE (GOVT OF NCT OF DELHI) AND ORS .....Respondents Through: Mr. Nawal Kishore Jha, APP for State. Mr. Ajay Bahl, Advocate for R-2. + CRL.M.C. 3709/2025, CRL.M.A. 16316/2025 & CRL.M.A. 16315/2025 SUNIT SURI .....Petitioner Through: Mr. Amitesh Chandra Mishra, Advocate. versus STATE (GOVT OF NCT OF DELHI) AND ORS .....Respondents Through: Mr. Nawal Kishore Jha, APP for State. Mr. Ajay Bahl, Advocate for R-2. CORAM: JUSTICE GIRISH KATHPALIA JUDGMENT (ORAL) 1. The petitioner seeks invocation of inherent powers of this court to quash summoning orders dated 05.09.2018 (in CRL.M.C. 3709/2025) and CRL.M.C. 3708/2025 & CRL.M.C. 3709/2025 Page 1 of 3 pages Signature Not Verified GIRISH Digitally signed by GIRISH KATHPALIA KATHPALIA Date: 2025.05.26 19:34:21 +05'30' Digitally Signed By:NEETU N NAIR Signing Date:26.05.2025 19:48:21 06.02.2019 (in CRL.M.C. 3708/2025) passed by the trial magistrate in proceedings under Section 138 Negotiable Instruments Act. It is pleaded, though not argued that challenge to the summoning orders is on the ground that the cheques in question were security cheques. That, in any case, would be a matter of trial. 2. It is contended on behalf of petitioner that he has already paid the entire cheque amount, but he is not aware as to against which cheque that amount was paid. In response to a specific query, learned counsel for petitioner submits that the alleged payment was made by the petitioner to the respondent on 31.01.2019. 3. Admittedly, the offence in case of CRL.M.C. 3708/2025 took place on 15.12.2018 when despite expiry