AEIFORIA CONSTRUCTIONS PVT. LTD. & ANR. vs CONTINENTAL CARBON INDIA PVT. LTD. & ANR.

Judgment text excerpt

$~J- * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 26th February 2026 + CRL.M.C. 5260/2024, CRL.M.A. 20106/2024, CRL.M.A. 29693/2025 AEIFORIA CONSTRUCTIONS PVT. LTD. & ANR. .....Petitioners Through: Mr. Mrinal Kumar Sharma and Mr. Veer Bhadra Singh, Advocates. versus CONTINENTAL CARBON INDIA PVT. LTD. .....Respondent Through: Mr. Gauhar Mirza, Advocate. HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI J U D G M E N T ANUP JAIRAM BHAMBHANI J. By way of the present petition filed under section 482 of the Code of Criminal Procedure 1973 („Cr.P.C‟), the petitioners (accused persons) inter-alia seek quashing of summoning order dated 29.04.2023 passed by the learned Metropolitan Magistrate, Digital Court-01, Patiala House Courts, New Delhi in criminal complaint bearing CC NI Act No. 9670/2022 in proceedings under section 138 of the Negotiable Instruments Act, 1881 („NI Act‟). 2. Notice on this petition was issued vidé order dated 12.07.2024, whereby upon a first blush reading of the impugned order, this court was constrained to stay proceedings pending before the learned Signature Not Verified Signed By:DIVYA SHARMA Signing CRL.M.C. 5260/2024 Page 1 of 15 Date:26.02.2026 14:51 Magistrate, since the summoning order appeared to be in the nature of a template order and failed to reflect any application of mind to the facts of the case, as would be necessary prior to issuance of summons to the accused persons. 3. Vidé order dated 12.07.2024 the State was deleted as party-respondent in the matter. Counter-affidavit dated 11.08.2024 has subsequently been filed on behalf the sole respondent (complainant) in the case. Written submissions have also been filed by the parties. The court has heard Mr. Mrinal Kumar Sharma, learned counsel appearing on behalf of the petitioners; and