Published on: 05 February 2023 at 23:01 IST
Delhi High Court has stayed proceedings before the trial court in section 138 Negotiable Instruments Act against a businessman in a complaint filed by TCI XPS, a division of Transport Corporation of India Ltd.
Appellant Businessman Arun Jain, erstwhile Director of Lilliput Kidswear Ltd. had prayed for the quashing of the summoning order and the complaint in the petition filed by him.
Delhi High Court bench of Justice Swarana Kanta Sharma in an order passed on Feb 1, 2023, has issued notice to the respondent and said, “In the meanwhile, the Trial Court is requested to adjourn the matter to a date later than the date fixed by this Court.”
Advocates Ayush Jindal and RK Gossain appeared for the businessman and submitted that the complaint was not maintainable since the cheque in question was presented by the complainant after the accused company was ordered to be wound up.
It was also submitted that the material on record reveals that the petitioner could not have been summoned since he is neither signatory to the cheque in question nor he was involved in the conduct of day-to-day affairs of the accused company.
The complaint was not maintainable, since it was not filed by a duly authorized person as per law, added Advocates Ayush Jindal and RK Gossain.
Delhi High Court through plea noted that the petitioner seeks quashing of the order dated February 6, 2015, and the proceedings emanating therefrom, particularly the order dated 07.05.2022 regarding the framing of notice against the petitioner businessman, and also for quashing of Complaint Case which is pending before the Court of Special Metropolitan Magistrate (NI Act), Rouse Avenue Court, New Delhi.