GANESH CHANDRA BAMRANA Vs. RUKMANI GUPTA

JUDGEMENT

(1.) The present petitions are filed seeking quashing of the summoning order dtd. 1/4/2022 (hereafter 'the impugned order') passed by the learned Metropolitan Magistrate ('MM'), Rouse Avenue Court, Delhi in CC No.9170/2020 for the offence under Sec. 138 of the Negotiable Instruments Act, 1881 ('NI Act'), and all consequential proceedings arising therefrom.

(2.) Briefly stated, the case of the petitioners is that Petitioner No.1 being the suspended director and Petitioner No.2 being the Authorised Signatory of the accused company had issued six cheques on behalf of the company in compliance of the order 24/7/2019 passed by the National Consumer Disputes Redressal Commission in Execution Application 93/2017.

(3.) Subsequently, two cheques dtd. 23/7/2019 amounting to 5,00,000/- each were presented to the Bank and were duly honoured. Thereafter, the company was admitted to Corporate Insolvency Resolution Process ('CIRP') under Sec. 7 of the Insolvency and Bankruptcy Code, 2016 ('IBC') and moratorium under Sec. 14 of the IBC was imposed on 31/10/2019.