REGENT COMPUTRONICS PVT. LTD.

Dewan Chand Engineers Appellant

V/S

Jain Sons Construction Respondents

Referred Judgements :-

INDUS AIRWAYS PRIVATE LIMITED VERSUS MAGNUM AVIATION PRIVATE LIMITED [REFERRED TO]
HAMID MOHAMMAD VERSUS JAIMAL DASS [REFERRED TO]
STATE OF GUJARAT VS. AFROZ MOHAMMED HASANFATTA [REFERRED TO]
SUNIL TODI V. STATE OF GUJARAT [REFERRED TO]
R P KAPUR VS. STATE OF PUNJAB [REFERRED TO]
STATE OF HARYANA VS. BHAJAN LAL [REFERRED TO]
BHARAT BARREL AND DRUM MANUFACTURING COMPANY VS. AMIN CHAND PAYRELAL [REFERRED TO]
K BHASKARAN VS. SANKARAN VAIDHYAN BALAN [REFERRED TO]
KANTI BHADRA SHAH VS. STATE OF WEST BENGAL [REFERRED TO]
U P POLLUTION CONTROL BOARD VS. MOHAN MEAKINS LIMITED [REFERRED TO]
HITEN P DALAL VS. BRATINDRANATH BANERJEE [REFERRED TO]
NARAYANA MENON ALIAS MANI VS. STATE OF KERALA [REFERRED TO]
RANGAPPA VS. SRI MOHAN [REFERRED TO]
AMIT KAPOOR VS. RAMESH CHANDER [REFERRED TO]
DON AYENGIA VS. THE STATE OF ASSAM & ANR. [REFERRED TO]
SAMPELLY SATYANARAYANA RAO VS. INDIAN RENEWABLE ENERGY DEVELOPMENT AGENCY LIMITED [REFERRED TO]
V RAVI KUMAR VS. STATE DISTRICT CRIME BRANCH [REFERRED TO]
BIR SINGH VS. MUKESH KUMAR [REFERRED TO]
ROHITBHAI JIVANLAL PATEL VS. STATE OF GUJARAT AND ANOTHER [REFERRED TO]
BASALINGAPPA VS. MUDIBASAPPA [REFERRED TO]
NARESH VERMA VS. NARENDER CHAUHAN [REFERRED TO]
M/S. KALAMANI TEX AND ANOTHER VS. P. BALASUBRAMANIAN [REFERRED TO]
TRIYAMBAK S. HEGDE VS. SRIPAD [REFERRED TO]
SRIPATI SINGH (SINCE DECEASED) THROUGH HIS SON GAURAV SINGH VS. STATE OF JHARKHAND [REFERRED TO]
TEDHI SINGH VS. NARAYAN DASS MAHANT [REFERRED TO]
DASHRATHBHAI TRIKAMBHAI PATEL VS. HITESH MAHENDRABHAI PATEL [REFERRED TO]
SUPRIYA JAIN VS. STATE OF HARYANA [REFERRED TO]
RAJESH JAIN VS. AJAY SINGH [REFERRED TO]

JUDGEMENT

(1.) The petitioner has filed the present petition for quashing of the summoning order dtd. 1/7/2023, summons dtd. 25/8/2023 in the criminal complaint No. 290-1/2022, which is pending in the Court of learned ACJM, Nadaun, District Hamirpur, H.P.

(2.) It has been asserted that the respondent (complainant before the learned Trial Court) filed a complaint against the petitioner (accused before the learned Trial Court) bearing Complaint No. 290-1/2022 dtd. 7/11/2022. (The parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience). The accused has already filed a Civil Suit No. CSSCJ 1568/2022 titled M/s Dewan Chand Engineers and Contractors vs. M/s Jain Sons Construction and Hardware and ors. in the Court of learned Civil Judge, South-East Delhi, Saket Court, New Delhi against the complainant. The complaint filed by the complainant was admitted by learned Additional CJM Nadaun, who issued the summons to the accused on 25/8/2023. Learned ACJM Nadaun did not consider all the facts and circumstances leading to the filing of the complaint. The complaint does not fulfil the ingredients of Sec. 138 of the Negotiable Instruments Act (NI Act) because there exists no legal debt or liability. The complainant admitted that a sum of Rs.4,23,820.00 is payable to him, whereas he has presented a cheque of Rs.5,00,000.00. There is no evidence to show how the amount of Rs.5,00,000.00 was calculated. No document was filed to specify the calculation. The matter is pending before the Civil Court, Saket at Delhi and is listed for Mediation in pre-Lok Adalat on 25/11/2023. Learned ACJM, Nadaun did not apply his mind before issuing the summons; therefore, it was prayed that the present petition be allowed, summoning order and summons in a criminal case be quashed.

(3.) I have heard Mr. TPS Kang, Mohd. Zunaid, Sameer Kaushik, and Mr. Sanjay Verma learned counsel for the petitioner/accused.

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DEWAN CHAND ENGINEERS Vs. JAIN SONS CONSTRUCTION

Referred Judgements :-

JUDGEMENT

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