RAJ KUMAR JAIN vs M/S SHREE BALAJI ENTERPRISIES AND ANR

Judgment text excerpt

$~J-1 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 26.02.2026 Judgment Delivered on: 04.05.2026 + CRL.M.C. 1665/2023 & CRL.M.A. 6359/2023 RAJ KUMAR JAIN .....Petitioner Through: Ms. Sangeeta Jain, Advocate. versus M/S SHREE BALAJI ENTERPRISIES AND ANR .....Respondents Through: Mr. Ram Ekbal Roy, Mr. Aman Nihal, Mr. Shekhar Jha and Mr. Sunil Kumar Jha, Advocates. CORAM: HON'BLE MR. JUSTICE VIKAS MAHAJAN JUDGMENT VIKAS MAHAJAN, J 1. The present petition has been filed under Section 482 CrPC inter alia praying for quashing of the complaint bearing no. 2712/2012 dated 04.08.2012, under Section 138 of Negotiable Instruments Act, 1881 [in short „N.I Act‟]. 2. The case set out in the present petition is that an order no. 166/PA/DNC/DEMS/2009-10 was passed by the Commissioner of MCD on 26.06.2009 regarding the deployment of Auto Tippers with Hydraulic Lifting arrangements in each ward of the Shahdara (North) and (South) Zones for a period of three years. 3. The respondent no. 2/company [M/S PRJ Enterprises Ltd.], who is Signature Not Verified Digitally Signed CRL.M.C. 1665/2023 Page 1 of 22 By:DEEPAK SINGH Signing Date:04.05.2026 19:34:53 authorized dealers of Bajaj Auto Vehicles, entered into an agreement dated 10.03.2010 with the deputy commissioner, MCD/Shahdara South Zone, Delhi, according to which the respondent no. 2/company had to arrange 31 Auto Tippers with Hydraulic Lifting facilities, along with one driver and two Beldars for each Auto Tipper, including T & P fuel lubricants, etc for deployment in various wards of Shahdara South Zone, Delhi. The petitioner was the director of respondent no.2/company. 4. On the basis of aforesaid agreement, respondent no. 2/company induced the complaint/respondent no. 1 to assist in the execution of said agreement