Rsvp Clothing Private Limited & ANR. v. Neeraj Sharma

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1966/2024 & CRL. MA 7561/2024 RSVP CLOTHING PRIVATE LIMITED & ANR .....Petitioners Through:

Mr. Vibhor Kush and Mr. Vedanta Varma, Advocates.

versus NEERAJ SHARMA .....Respondent Through:

None.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 09.10.2024 1.

By way of present petition, the petitioners seek quashing and setting aside of the Criminal Complaint (NI Act) No.3120/2020 titled Neeraj Sharma v. RSVP Clothing Private Limited initiated by the respondent pending before the Court of Judicial Magistrate First Class, Dwarka Courts, New Delhi along with the order on the point of cognizance dated 21.01.2020, the summoning order dated 21.01.2020 as well as subsequent orders dated 17.04.2023 and 28.06.2023 and all consequential proceedings arising therefrom.

2.

The present petition is premised on the ground that the respondent was a former employee having been appointed as a shipping executive and worked till 2019. The petitioners claim that in the course of business the petitioner has handed over certain cheques to the respondent herein who has misused the same. The petitioners have even filed a complaint against the respondent for stealing the said cheques in which subsequently an FIR being The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 11:01:49

FIR No.0461/2019 under Sections 408/468/471 IPC has been registered at P.S. Fatehpur Beri, Delhi and even the charge-sheet has been filed in the present case.

3.

During the course of submissions, learned counsel for the petitioners submits that the signatures on the subject cheques are not denied, however the debt as well as the particulars on the cheques are denied. 4.

The issue whether the cheques were given during the course of business in discharge of any existing liability or stolen would require evidence and could be only tested in the trial and thus, the same cannot be gone into at the stage of under Section 482 Cr.P.C. 5.

For the aforesaid reasons, this Court do not find any merit in the instant petition and the same is accordingly dismissed along with pending application with liberty to the petitioners to raise all contentions before the concerned court during trial.

MANOJ KUMAR OHRI, J OCTOBER 9, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 11:01:49