MANMOHAN GAIND, DIRECTOR MAHESH PREFAB PVT LTD vs NEGOLICE INDIA PVT. LTD

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 23rd September, 2025 Pronounced on: 11th November, 2025 + CRL.M.C. 1379/2021, CRL.M.A. 8542/2021 & CRL.M.A. 14167/2024 MANMOHAN GAIND Director M/s Mahesh Prefab Pvt. Ltd. AM Towers, 498, Udyog Vihar-III Gurugram-122016 .....Petitioner Through: Mr. Rajnish Kumar Gaind, Mr. Hemant Kaushik and Mr. Himanshu Gupta, Advocates versus NEGOLICE INDIA PVT. LTD Having its Corporate Office At E-13/29, Ist Floor, Harsha Bhawan, Connaught Place, New Delhi-110001 .....Respondent Through: Mr. Umakant Kataria and Mr. Pulak Gupta, Advocates CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T NEENA BANSAL KRISHNA, J. 1. Present Petition has been filed by the Petitioner/Mr. Manmohan Gaind, Director of M/s Mahesh Prefab Pvt. Ltd under Section 482 of the Cr.P.C. for the quashing of the Criminal Complaint bearing No. 1982/2017 and for setting aside the summoning Order dated 18.12.2018 of the Learned Metropolitan Magistrate, filed by the Respondent/M/s Negolice India Ltd., Signature Not Verified Signed By:VIKAS CRL.M.C. 1379/2021 Page 1 of 13 ARORA Signing Date:11.11.2025 17:00:17 under Section 138 read with Section 141 Negotiable Instruments Act, 1881 (NI Act). 2. Briefly stated, on 28.02.2013 the Respondent/M/s Negolice India Ltd. awarded a Work Order to the Petitioner’s Company, M/s Mahesh Prefab Pvt. Ltd. for the “Supply and Installation of GRC Grills” for a total consideration of Rs. 56,86,633/-. As per the terms of the contract, the Respondent paid a 15% mobilization advance of Rs. 6,82,416/- to the Petitioner’s Company. Against this payment, the Petitioner’s Company issued an advance cheque (the “impugned cheque”) bearing No. 723223 for the equivalent amount of Rs. 6,82,416/- as security for the advance. 3. It is state