SHARMA WELDING STORE & ORS. vs FORTUNE WELD

Judgment text excerpt

$~79 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7811/2025, CRL.M.A. 32720/2025 & CRL.M.A. 32721/2025 SHARMA WELDING STORE & ORS. .....Petitioners Through: Mr. Paras Sharma, Adv. versus FORTUNE WELD .....Respondent Through: CORAM: HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT % 06.11.2025 AJAY DIGPAUL, J. (ORAL) 1. The present petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter “CrPC”) read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter “BNSS”) is preferred by the petitioners/accused, seeking interference of this Court in relation to CT Case No. 8902/2017 titled “Fortune Weld vs Sharma Welding Store & Ors.” pending before the Court of learned Judicial Magistrate First Class (NI Act), Central District, Tis Hazari Courts, Delhi (hereinafter “learned MM/Trial Court”). 2. This Court notes that CC No. 8902/2017 under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter “NI Act”) was instituted on 30.09.2014 before the learned MM by the complainant/respondent “Fortune Weld” against the petitioners. The complainant asserts supply of welding material under invoices aggregating to approximately Rs.19,83,091/- and alleges that only Rs.10,53,283/- was received. Three cheques bearing nos. 732185 Signature Not Verified Signed By:SHILPI Signing Date:12.11.2025 19:33:25 CRL.M.C. 7811/2025 Page 1 of 9 (Rs.3,62,261/- dated 22.07.2014), 732188 (Rs.3,32,241/- dated 23.07.2014) and 732187 (Rs.1,80,626/- dated 24.07.2014), drawn on State Bank of Patiala, Wazirpur Industrial Estate, New Delhi, were presented and allegedly returned with the reason “Exceeds Arrangement”. Legal demand notice is stated to have been issued on 21.08.2014. Formal complaint under Section 138 of the NI Act was filed and in compliance of the s