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TMI Blog2023 (2) TMI 365X X X X Extracts X X X X X X X X Extracts X X X X ..... C. 765/2023 & CRL.M.A. 2917/2023 (stay) CRL.M.C. 766/2023 & CRL.M.A. 2919/2023 (stay) 1. The present petitions have been filed by the petitioner under Section 482 Cr.P.C. for quashing of the summoning order dated 15.02.2022 passed by Ld. ACMM, North, Rohini Courts, Delhi, in Complaint Case No. 685/2019 registered under Section 138 N.I. Act and for quashing of the summoning order dated 06.05.2019 passed by Ld. MM (N.I. ACT)-03, Central, Tis Hazari Courts, Delhi, in Complaint Case No. 898/2019 registered under Section 138 N.I. Act and the proceedings emanating therefrom. 2. The complainant/ Respondent No. 2 herein, had instituted a complaint case no. 685/2019 under section 138 of Negotiable Instruments Act, against the petitioner in respec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itioner in support of his contentions has placed reliance on the following judgments: * Pepsi Foods Ltd. and Another Vs. Special Judicial Magistrate and Other [(1998) 5 SCC 749] * S.M.S. Pharmaceuticals Ltd. Vs. Neeta Bhalla and Another [(2005) 8 SCC 89] * Omniplast Private Limited Vs. Standard Chartered Bank and Others [(2015) 15 SCC 693] * Shivom Minerals Limited & Ors. Vs. State & Anr. (Crl. M.C No. 4984/2018, High Court of Delhi) 6. On the contrary, Learned counsel for the respondent has pointed out that the cheques in question were presented within its validity period, the complainant got the intimation of cheques being dishonored on 13.12.2018 and subsequently, the legal notice was issued on 27.12.2018. He submits that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... port of the complaints and other documents filed on record, and therefore, it cannot be said that the trial court has committed any error while summoning the petitioner in the instant cases. 8. Now coming to the legal position in this case and taking into consideration the various provisions of Cr.PC which have been discussed in various judgments time and again demonstrate that the Negotiable Instruments Act, provides sufficient opportunity to a person who issues the cheque. Once a cheque is issued by a person, it must be honoured and if it is not honoured, the person is given an opportunity to pay the cheque amount by issuance of a notice and if he still does not pay, he is bound to face the criminal trial and consequences. It is se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd responsibility of spelling out this defence to the Court and then proving this defence is on the accused. Once the complainant has brought forward his case by giving his affidavit about the issuance of cheque, dishonour of cheque, issuance of demand notice etc., he can be cross-examined only if the accused makes an application to the Court as to, on what point he wants to cross examine the witness(es) and then only the Court shall recall the witness by recording reasons thereto. 10. Sections 143 and 145 of the N.I. Act were enacted by the Parliament with the aim of expediting trial in such cases. The provisions of summary trial enable the respondent to lead defence evidence by way of affidavits and documents. Thus, an accused who consid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d do so before the Court of Metropolitan Magistrate. 12. As far as the contention of the Ld. Counsel for the petitioner that this petition is filed bonafide, in the interest of justice and without intentional delay, no doubt, delay is not always fatal to the case, provided it has been satisfactorily explained, however, in the instant case, the petitioner has miserably failed to give any satisfactory explanation for such delay in filing the present petitions. 13. Ld. Counsel for the petitioner has further contended that the cheques in question got lost and the complainant has misused the said cheques by fraudulently forging signatures on them. In my opinion, even if the petitioner is to be believed that the cheques went missing way b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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