HIMANSHU vs TCNS CLOTHING CO. LTD

Judgment text excerpt

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 Signature Not Verified Signed By:HARMINDER KAUR W.P.(CRL) 1989/2022 Page 1 of 20 Signing Date:02.09.2025 16:43:18 entered into a Franchisee Agreement dated 28.12.2012 with the respondent company namely– TCNS Clothing Co. Ltd. (hereafter ‘complainant’), who is in the business of sale of women’s apparel and accessories under the brand name “W”, “Aurelia” and “Wishful”. In pursuance of the Franchisee Agreement dated 28.12.2012, A & A Enterprises was appointed as a retailer / retail operator of the products of the respondent company and was to establish and operate a retail outlet at Store No. 111, Moments Mall, Patel Road, New Delhi. It is alleged that various products were delivered to the petitioner through invoices in which Customer Code No. 119101 has been mentioned and the same have been received by the petitioner. It is alleged that a total s