HIMANSHU vs TCNS CLOTHING CO. LTD

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 01.09.2025 W.P.(CRL) 1989/2022 & CRL.M.A. 17238/2022 HIMANSHU .....Petitioner versus TCNS CLOTHING CO. LTD .....Respondent Advocates who appeared in this case: For the Petitioner : Mr. Gagan Gandhi, Mr. Vijay Kumar, Dr. B.S. Chauhan, Ms. Luvika & Ms. Shraddha Saxena, Advs. For the Respondent : Mr. Nitin Sharma, Adv. along with Mr. Jatin Kumar, AR of the Respondent. Mr. Ashish Mohan, Sr. Adv., Amicus. CORAM HON’BLE MR JUSTICE AMIT MAHAJAN JUDGMENT 1. The present petition has been filed seeking quashing of Complaint Case No. 2542/2019 pending before the learned Metropolitan Magistrate ('MM'), South District, Saket Courts, New Delhi, for offence under Section 138 read with Section 142 of the Negotiable Instruments Act, 1881 ('NI Act'). 2. Briefly stated, the facts of the case are that the petitioner is a partner in the partnership firm namely– A & A Enterprises that 3. It is alleged that the said cheques were dishonoured vide return memo dated 21.12.2018 for reasons “Funds Insufficient”. Following the dishonour of the cheques, the complainant sent a legal notice dated 14.01.2019, calling upon the petitioner to make payme