Vishal Kumar Saxena v. M/S Columbus Premier Shoes Pvt Ltd
$~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 9460/2023 & CRL.M.A. 35355/2023 VISHAL KUMAR SAXENA .....Petitioner Through:
Mr. Shyam Babu & Mr. Ankur Shukla, Advocates.
versus M/S COLUMBUS PREMIER SHOES PVT LTD .....Respondent Through:
Mr. Indresh Upadhyay, Mr. Brijesh Upadhyay, Mr. Saurabh Kumar and Mohd. Faraz, Advocates.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
O R D E R
% 14.02.2025 1.
This hearing has been done through hybrid mode. 2.
The present petition under Section 482 of the Cr.P.C. seeks the following prayers:
"a. Quash the complaint bearing Complaint Case no. 1482/2022 pending before Sh. Vaibhav Pratap Singh, Ld. MM (NI Act) Digital Court-02, West, Tis Hazari Courts, Delhi, under Section 138 NI Act filed by the respondent titled as "M/S Columbus Premier Shoes Pvt. Ltd. Vs Top Gear Lifestyle Pvt Ltd. & Ors" and summoning order dated 12.08.2022 qua the Petitioner; b. Stay the further proceedings before the Ld. Trial Court during the pendency of the petition;
c. Any other relief which this Hon'ble Court may deem fit under the circumstances of the case."
3.
Learned counsel appearing on behalf of the petitioner is challenging The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
the summoning order dated 12.08.2022 and the complaint dated 04.05.2022 filed by the respondent under Section 138 of the Negotiable Instruments Act, 1881 (for short, 'NI Act') against the accused company namely, M/s Top Gear Lifestyle Pvt. Ltd. and its Directors including the present petitioner. It is submitted that at the time when Cheque no. 000645 dated 23.03.2022 for the sum of Rs. 4,12,93,748/-, drawn on HDFC Bank, was presented and returned unpaid vide return memo dated 24.03.2022, the petitioner has already resigned from the accused-company (M/s Top Gear Lifestyle Pvt. Ltd.) and with regard to the same, form DIR-11 has been annexed with the present petition, which reflects that the present petitioner had resigned on 29.10.2019.
4.
Learned counsel appearing on behalf of the respondent fairly submits that that the present petitioner was not the Director at the time when the cheque was presented and submits that he has no objection if the impugned summoning order is set aside qua the present petitioner only and that his name may be deleted from the array of accused persons. 5.
In view of the aforesaid, the present petition is allowed. The summoning order dated 12.08.2022 is quashed qua the present petitioner. 6.
The interim order dated 23.02.2024 stands vacated. 7.
The complaint is of the year 2022, therefore, the Trial Court is requested to proceed with the matter in accordance with law as expeditiously as possible.
8.
The petition stands disposed of.
9.
Pending application(s), if any, also stands disposed of. 10.
Copy of this order be sent to the concerned learned Trial Court for necessary information and compliance.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
11.
Order be uploaded on the website of this Court forthwith. AMIT SHARMA, J FEBRUARY 14, 2025/bsr/sc 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.