9911796707
TMI Blog2023 (8) TMI 842X X X X Extracts X X X X X X X X Extracts X X X X ..... 2023 passed by Ld. Principal District & Sessions Court, New Delhi District, Patiala House Courts, New Delhi in Criminal Revision no. 144 of 2023 titled "Piyush Kumar Pappu Vs. Mukesh Kumar Bharti", and b) Quash and Set aside summoning order dated 19.07.2022 passed by the Ld. Metropolitan Magistrate, NI Digital Court-02, New Delhi District, Patiala House Court, New Delhi passed in the CC NI Act no. 2461/2022 titled as "Mukesh Kumar Bharti Vs. Piyush Kumar Pappu", and consequently dismiss the complaint bearing CC NI Act no. 2461/2022 titled as "Mukesh Kumar Bharti Vs. Piyush Kumar Pappu", and/or c) Pass such further direction(s) and other order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the cas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... complaint along with its documents was provided to the complainant on 10.02.2023 itself and the summoning order dated 19.07.2022 could not have been challenged without the Petitioner knowing the contents/allegations levelled against the Petitioner in the said complaint. 3. Learned counsel for the petitioner also submitted that the Ld. Sessions Court erred to consider that the Ld. MM in issuing summoning order dated 19.07.2022 against the Petitioner/ Accused has wrongly presumed that the cheque issued is in discharge of liability towards the friendly loan of Rs. 38,76,000/- given in cash by the respondent/complainant to the petitioner/accused and there is no evidence placed on record to support the same to make it legally enforceable. 4. L ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he accused. It is not that the Magistrate is a silent spectator at the time of recording of preliminary evidence before summoning of the accused. The Magistrate has to carefully scrutinise the evidence brought on record and may even himself put questions to the complainant and his witnesses to elicit answers to find out the truthfulness of the allegations or otherwise and then examine if any offence is prima facie committed by all or any of the accused." 5. In the instant case, for proper adjudication, it is necessary to look into to the orders dated 19.07.2022 and 20.03.2023 6. The relevant portion of order dated 19.07.2022 passed by the Ld. MM reads as follows: "Let the accused be summoned on filing of PF and the Meta Data form within ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... here it was held that it was not necessary for the accused to step up in the witness box in proceedings under Section 138 of the Negotiable Instrument Act in order to discharge the onus upon him to rebut the presumption under Section 138 of NI Act, which could otherwise be discharged from the material and evidence brought on record by the complainant by way of preponderance of probabilities. Further, reliance upon decisions in Sanjay Mishra v Kanishka Kapoor and Ors MANU/MH/1078/2009 as well as Monica Sunit Ujjain v Sanchu M. Menor & Ors in Crl. Rev. Application No. 395/2015 decided on 02.08.2022, are misplaced as the said decisions were made after a full fledged trial. In other words, the plea by the petitioner that the complainant had nev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... liance can be placed upon the judgment in Collector, Land Acquisition, Anantnag & Anr. vs. Mst. Katiji & Ors., AIR 1987 Sc 1353, wherein the Hon'ble Supreme Court observed as follows:- "In fact experience shows that on account an impersonal machinery (no one in charge of the matter is directly hit or hurt by the judgment sought to be subjected to appeal) and the inherited bureaucratic methodology imbued with the note-making, file-pushing and passing-on-the-buck ethos, delay on its part is less difficult to understand though more difficult to approve. In any event, the State which represents the collective cause of the community, does not deserve a litigant-non-grata status. The Courts therefore have to be informed with the spirit and phil ..... X X X X Extracts X X X X X X X X Extracts X X X X
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