NAVEEN MALHOTRA Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) On the criminal complaint (earlier CC no. 4024/2013 now CC no. 629398/2016) instituted by the second respondent bank (the complainant), after preliminary inquiry, the petitioners herein were summoned as accused, by order dated 16.03.2013, of the Metropolitan Magistrate, calling them upon to answer the accusations of offence under Section 138, Negotiable Instruments Act, 1881, the cheque no. 569843, issued on 22.12.2012 for an amount of Rs. 2.42 crores, under the signatures of the first petitioner being its subject matter. The petitioners having put in appearance, moved application under Section 254 of the Code of Criminal Procedure, 1973 (Cr.P.C.) before the trial court seeking discharge primarily on the submission that the cheque had been issued not in favour of the complainant bank but in favour of M/s Star Bazar (P) Ltd. (second petitioner), it having been submitted to the bank by voucher for credit in favour of "Star Bazar CC A/C". The plea that the complainant bank had no locus standi to bring a case of offence under Section 138, Negotiable Instruments Act, 1881 on its basis was rejected by the Metropolitan Magistrate, by order dated 31.03.2014.

(2.) The above said order was assailed in the court of Sessions by criminal revision no. 51/2014, but without success, the petition having been dismissed by the revisional court, by its order dated 22.12.2014. Noticeably, both the courts followed the dictum in Bank of India vs. State & Ors., 2010 7 AD(Del) 885, 2010 SCC Online Del 3097.

(3.) The present petition invoking the inherent power and jurisdiction of this Court under Section 482 Cr.P.C. was preferred seeking quashing of the orders dated 16.03.2013 and 31.03.2014 of the Metropolitan Magistrate, and the order dated 22.12.2014 of the revisional court.