SMT RAMA OBEROI vs STATE NCT OF DELHI AND ANR

Judgment text excerpt

$~60 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 03.09.2025 + CRL.M.C. 6228/2025, CRL.M.A. 26360/2025 & CRL.M.A. 26359/2025 SMT RAMA OBEROI .....Petitioner Through: Mr. Bibek Tripathi, Advocate. versus STATE NCT OF DELHI AND ANR .....Respondents Through: Mr. Nawal Kishore Jha, APP for State. CORAM: JUSTICE GIRISH KATHPALIA J U D G M E N T (ORAL) 1. Petitioner seeks quashing of order dated 12.06.2025 passed by the learned trial magistrate, whereby the petitioner was summoned to face trial under Section 138 of Negotiable Instruments Act. 2. After hearing learned counsel for petitioner, I do not find it a fit case to even issue notice. 3. It is contended on behalf of the petitioner/accused that the complaint under Section 138 of the Act was filed premature since according to the statute, the complaint has to be filed after 45 days of the statutory notice. It is also argued that the cheques in question do not bear signatures of the petitioner/accused. Further, it is contended that since the respondent filed civil suit for recovery of the outstanding amount pertaining to same CRL.M.C.6228/2025 Page 1 of 3 pages Digitally signed by GIRISH KATHPALIA GIRISH DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569a f3962c6fb4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, postalCode=110003, KATHPALIA st=Delhi, Signature Not Verified serialNumber=d3e86796451ec45c07b5d15570996 b40f80cbd2eee60402c487965ff801e26fa, cn=GIRISH KATHPALIA Date: 2025.09.03 17:51:12 -07'00' Digitally Signed By:NEETU N NAIR Signing Date:03.09.2025 18:14:44 transaction for which the subject cheques were issued, the complaint case is not maintainable in the eyes of law. 4. It is trite that where both, a civil remedy as well as a criminal remedy for any transac