SOMWATI vs SURESH JAIN

Judgment text excerpt

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on : 22.12.2025 Judgment pronounced on : 09.02.2026 + CRL.M.C. 1484/2025 SOMWATI .....Petitioner versus SURESH JAIN ..... Respondent + CRL.M.C. 1536/2025 ROSHAN LAL HUF .....Petitioner versus SURESH JAIN ..... Respondent Advocates who appeared in this case: For the Petitioner(s) : Mr. S.K. Bhaduri, Adv. through V.C. & Ms. Neetu Gupta & Mr. Prem Prakash, Advs. For the Respondent : Mr. Rishi Kapoor & Mr. Sumeet Kapoor, Advs. CORAM HON’BLE MR JUSTICE AMIT MAHAJAN Signature Not Verified CRL.M.C. 1484/2025 & CRL.M.C. 1536/2025 Signed By:HARMINDER KAUR Page 1 of 15 Signing Date:10.02.2026 18:17:23 JUDGMENT 1. The present petitions are filed under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 seeking quashing of the orders dated 08.01.2025 passed by the learned Magistrate, Tis Hazari Courts, Delhi in CC No. 3480/2021 and 3481/2021 (hereafter ‘impugned orders’) whereby the complaints filed by the petitioners under Section 138 of the Negotiable Instruments Act, 1881 were adjourned sine die after allowing applications of the respondent under Sections 96 of the Insolvency and Bankruptcy Code, 2016 (‘IBC’). 2. Briefly stated, the petitioner in CRL.M.C. 1484/2025 allegedly advanced a friendly loan to the respondent and for the purposes of securing the said loan the respondent had issued a cheque bearing no. 175894 dated 12.03.2021 for ₹10,00,000/- to the petitioner. It is alleged that the said cheque was presented for encashment but was returned with the remarks “Payment stopped by Drawer” on 22.03.2021. 3. It is alleged that the petitioner in CRL.M.C. 1536/2025 advanced a friendly loan to the respondent of ₹17,00,000/- and the respondent in order to refund the said loan amount issued a cheque bearing no. 17589