Usha Sharma v. M/S M S India

$~110 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 8412/2024 & CRL.M.A. 32133/2024 USHA SHARMA .....Petitioner Through:

Mr. Sumit Kumar with Mr. Rahul Mehra, Advs.

versus M/S M S INDIA .....Respondent Through:

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 24.10.2024 CRL.M.A. 32134/2024 (for exemption) 1.

Exemptions allowed, subject to all just exceptions. 2.

The application stands disposed of.

CRL.M.C. 8412/2024 & CRL.M.A. 32133/2024 3.

The petitioner seeks quashing of the summoning order dated 29.06.2017, passed by the learned Metropolitan Magistrate (NI Act), Dwarka Courts in complaint case No.12198/2017 titled 'M/s. M.S. India v. M/s. Sharma Kalypso Pvt. Ltd.' under Section 138 of the Negotiable Instruments Act, 1881 of the Negotiable Instruments Act, 1881.

4.

The learned counsel for the petitioner submits that the petitioner is only a housewife. He submits that the operations of the accused company were handled by the other director, who is the petitioner's husband.

5.

There is a considerable delay in filing the present petition. 6.

On being pointedly asked, the learned counsel for the petitioner submits that the petitioner had been aware of the pendency of the complaint since the year 2019. 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 28/10/2024 at 11:55:19

7.

The trial has since proceeded. Even otherwise, the arguments that the petitioner had no role to play in the functioning of the company is a matter of trial. 8.

In view of the above, this Court does not consider it apposite to entertain the present petition.

9.

The petition is, therefore, dismissed on the ground of latches.

AMIT MAHAJAN, J OCTOBER 24, 2024 "SK"

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 28/10/2024 at 11:55:19