UTTAM KUMAR DAGA vs THE STATE & ANR.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 4th February, 2025 Pronounced on: 2nd May, 2025 + CRL.M.C. 3878/2018 UTTAM KUMAR DAGA S/o Mr. Hari Ratan Daga R/o 374, Salt Lake City, Block-CF, Kolkata-700064, West Bengal .....Petitioner Through: Mr. Mrinal Beri, Advocate. versus 1. THE STATE (NCT of DELHI) ...Respondent No.1 2. ROHIT CHAUHAN S/o Mr. P.S. Chauhan, R/o CSC-1/16, DDA Market, Sector-6, Rohini, Delhi-110085 ...Respondent No.2 Through: Mr. Shoaib Haider, APP for State. Mr. Abhishek Kaushik & Dr. Navin Kumar Sehrawat, Advocates for R-2. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T NEENA BANSAL KRISHNA, J. 1. Petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”), has been filed for quashing of the Complaint Case bearing No. 879/2017 titled “Rohit Chaudhary vs. Dadheech Infrastrucures Pvt. Ltd.” under Section 138 read with Section Signature Not Verified CRL.M.C. 3878/2018 Page 1 of 7 Signed By:ANIL KUMAR BHATT Signing Date:02.05.2025 17:43:01 141 of Negotiable Instruments Act, 1881 (hereinafter referred to as “N.I. Act”) and other proceedings emanating therefrom. 2. Briefly stated, M/s Dadheech Infrastructure Pvt. Ltd., a Company having its registered office in West Bengal, is engaged in the business of construction works. The accused Nos. 2-4 being its Directors, are persons in charge and responsible for all acts of the Company. The Complainant, the proprietor of M/s Shri Ram Builders, is engaged in the business of construction and supply of Building raw materials. 3. They entered into a business arrangement whereby the Complainant started supplying the materials to accused No. 1 Company on a regular basis, as per the terms of instruction of its Directors/accused persons. 4. In Sept