Mohammed Jahangir v. Oyo Hotels And Home Private Limited

$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4383/2024, CRL.M.A. 16645/2024 MOHAMMED JAHANGIR ..... Petitioner Through:

Mr. Riju Raj Singh Jamwal and Mr. Riwaj Rai, Advocates.

versus OYO HOTELS AND HOME PRIVATE LIMITED ..... Respondent Through:

Mr. Diptiman Achharya, Advocate.

CORAM:

HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA

O R D E R

% 28.05.2024 CRL.M.A. 16646/2024 Exemption allowed, subject to just exceptions. Application stands disposed of.

CRL.M.C. 4383/2024, CRL.M.A. 16645/2024 1.

Petition under Section 482 of the Code of Criminal Procedure, 1973 („Cr.P.C.‟) has been preferred on behalf of the petitioner for quashing and setting aside proceedings under Section 138 NI Act in CC No. 1833/2020, filed by respondent before learned MM-05, New Delhi District. 2.

Learned counsel for respondent appears on advance notice. 3.

In brief, learned counsel for petitioner submits that post-dated cheques were not issued against any debt but only against a contractual condition. It is further claimed that respondent has liability to pay an amount of Rs. 2 crores approximately to the petitioner. He further submits that disputes are pending for arbitration.

4.

Learned counsel for respondent strongly disputes the liability and 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 05/06/2024 at 14:43:08

submits that the same can only be ascertained during the course of trial, in the light of evidence led on behalf of parties. 5.

At this stage, learned counsel for petitioner seeks to withdraw the petition without prejudice to his rights and contentions. 6.

Taking the statement of learned counsel for petitioner on record, petition is accordingly disposed of without prejudice to rights and contentions of petitioner. Pending applications, if any, also stand disposed of.

ANOOP KUMAR MENDIRATTA, J.

MAY 28, 2024/R 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 05/06/2024 at 14:43:08