M/S Shiv Durga Pesticides & ANR. v. M/S Dhanuka Agritech Limited
$~68 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3114/2025 M/S SHIV DURGA PESTICIDES & ANR.
.....Petitioners Through:
Mr. Somnatha Padhan, Mr. Aakash and Mr. Swetab Kumar versus M/S DHANUKA AGRITECH LIMITED .....Respondent Through:
None
CORAM:
HON'BLE MR. JUSTICE GIRISH KATHPALIA
O R D E R
% 05.05.2025 [Physical Hearing/Hybrid Hearing (as per request)] CRL.M.A. 13733/2025 (exemption) 1.
Allowed, subject to all just exceptions.
CRL.M.A. 13734/2025 (for condonation of delay of 25 days in re-filing) 2.
For the reasons mentioned therein, the application is allowed and delay in re-filing after removal of defects is condoned. CRL.M.C. 3114/2025 & CRL.M.A. 13732/2025 (stay) 3.
The petitioner has sought quashing of complaint case titled M/s Dhanuka Agritech Ltd vs M/s Shiv Durga Pesticides & Anr. under Section 138 Negotiable Instruments Act. The quashing is sought on two grounds. Firstly, it is contended that the cheques in question were stolen cheques; but that would be a matter of trial and according to learned counsel for petitioner, the allegation of theft is already pending trial in a court in Odisha. Secondly, it is contended that the magisterial court in Delhi lacks territorial 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 01/07/2025 at 02:53:22
jurisdiction to deal with the said complaint case; on this aspect, learned counsel for petitioner seeks permission to withdraw this petition with liberty to move appropriate application before the learned trial magistrate. 4.
Accordingly, the petition is dismissed as withdrawn with liberty as sought. Of course, depending upon outcome of such application, if any filed before the magisterial court, the petitioner shall be at liberty to approach this Court.
GIRISH KATHPALIA, J MAY 5, 2025/as Click here to check corrigendum, if any 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 01/07/2025 at 02:53:22