RAM KUMAR PATHAK vs SHASHI DEVI & ORS

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 06.01.2026 Judgment pronounced on: 27.02.2026 Judgment uploaded on: 27.02.2026 + CRL.M.C. 1143/2019 & CRL.M.A. 4453/2019 RAM KUMAR PATHAK ....Petitioner Through: Mr. A Mishra, Mr. Ravi Pal, Mr. Sahil and Mr. Nidish Gupta, Advs. versus SHASHI DEVI & ORS. .....Respondent Through: Mr. Mayank Mehandru, Ms. Charu Tandon, Mr. Raghav Tandon, Mr. Nikhil Kharaliya, Ms. Diksha Jaspal and Mr. Ashutosh Singh, Advs. for R-1. CORAM: HON'BLE DR. JUSTICE SWARANA KANTA SHARMA JUDGMENT DR. SWARANA KANTA SHARMA, J 1. The present petition has been filed seeking setting aside of the order dated 28.01.2019, passed by the learned ASJ-03, Karkardooma Courts, North-East District, Delhi [hereafter ‗Sessions Court‘] in Crl. Revision No. 63/2018 as well as the summoning order dated 26.05.2018 passed by the learned MM, North-East District, Delhi [hereafter Signature Not Verified CRL.M.C. 1143/2019 Page 1 of 16 Digitally Signed By:ZEENAT PRAVEEN Signing Date:27.02.2026 19:53:14 ‗Magistrate‘] in the complaint filed by the respondent no. 1-complainant i.e. CC No. 749/2018, for offence under Section 138 of the Negotiable Instruments Act, 1881 [hereafter ‗NI Act‘]. FACTUAL BACKGROUND 2. Brief facts of the case, as emerging from the complaint filed under Section 138 of the NI Act, are that the complainant, respondent no. 1 herein, Shashi Devi, had filed the complaint against accused no. 1 (respondent no. 2 herein) M/s Forcia Commodity Solutions OPC Pvt. Ltd., a One Person Company, accused no. 2 (respondent no. 3 herein) Ratna Sharma, stated to be the Director and person in control of accused no. 1, and accused no. 3 (petitioner herein) Ram Kumar Pathak, who is alleged to be involved in the day-to-day business affairs of accused no. 1 an