ANIL MITHAS vs MRS SUDHA BANGA & ORS.

$~19&20 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 2nd February, 2026 CRL.M.C. 4714/2023 & CRL.M.A. 18036/2023 ANIL MITHAS .....Petitioner Through: Mr. Manoj Singh, Adv. versus MRS SUDHA BANGA & ORS. .....Respondent Through: Ms. Prachi Gupta with Ms. Shivani, Advocates. CRL.M.C. 4717/2023 & CRL.M.A. 18042/2023 ANIL MITHAS .....Petitioner Through: Mr. Manoj Singh, Adv. versus MRS SUDHA BANGA & ORS. .....Respondent Through: Ms. Prachi Gupta with Ms. Shivani, Advocates. CORAM: HON’BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner-Anil Mithas has been summoned in two separate complaints i.e. Complaint case bearing No. CC/2457/209 and CC/2461/2019 for committing offence under Section 138 of Negotiable Instruments Act, 1881. 2. According to petitioner, he had resigned from the Directorship of the accused Company w.e.f. 01.09.2017 and since the cheques in questions are of year 2018 and 2019, these do not incriminate him any manner whatsoever as, on the date when the cheques were drawn, he was neither the Director nor was concerned with the affairs of the accused Company, in any manner whatsoever. 3. Admittedly, he is not even signatory to the cheques in ques