Full Text
Translation output
HIGH COURT OF DELHI
CRL.M.C. 5761/2014 & Crl.
M.A. No.593/2015
NAVEEN MALHOTRA Petitioner
Through Mr.O.P.Golabani, Adv. with Mr.Abhishek Bhardwaj, Adv.
CRL.M.C. 5761/2014 & Crl.
M.A. No.593/2015
NAVEEN MALHOTRA Petitioner
Through Mr.O.P.Golabani, Adv. with Mr.Abhishek Bhardwaj, Adv.
VERSUS
STATE(GOVT OF NCT OF DELHI) & ANR Respondents
Through Mr.Ravi Nayak, APP for the State.
Mr.J.K.Chawla, Adv. with Mr.Rajan Chawla, Adv. for R-2.
Through Mr.Ravi Nayak, APP for the State.
Mr.J.K.Chawla, Adv. with Mr.Rajan Chawla, Adv. for R-2.
CRL.M.C. 5762/2014 & Crl.
M.A. No.596/2015
NAVEEN MALHOTRA Petitioner
Through Mr.O.P.Golabani, Adv. with Mr.Abhishek Bhardwaj, Adv.
M.A. No.596/2015
NAVEEN MALHOTRA Petitioner
Through Mr.O.P.Golabani, Adv. with Mr.Abhishek Bhardwaj, Adv.
VERSUS
STATE (GOVT OF NCT OF DELHI) & ANR Respondents
Through Mr.Ravi Nayak, APP for the State.
Mr.J.K.Chawla, Adv. with Mr.Rajan Chawla, Adv. for R-2.
Through Mr.Ravi Nayak, APP for the State.
Mr.J.K.Chawla, Adv. with Mr.Rajan Chawla, Adv. for R-2.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN SINGH
21.01.2015 Respondent No.2 in the above said matters filed 8 complaint cases under Section 138 of the Negotiable Instruments Act, 1881 against the
2015:DHC:10631 petitioner, inrespect ofreturn of23 cheques, on 14^^ October, 2013. Notice was framed against the petitioner in one of the cases, i.e. Complaint Case
No.825/2013 on 15"^ April, 2014. The petitioner was avoiding the notice.
Non-bailable warrants were issued against the petitioner, which were subsequently cancelled. The case was fixed for further proceedings on 6^^
January, 2015. In the meanwhile, the present petitions have been filed by the petitioner for quashing of proceedings initiated against him by respondent No.2, under Section 138 of the Negotiable Instruments Act
^ pendinginthe learnedtrial Court, i.e. MM, KarkardoomaCourts, Delhi.
The contention ofthe petitioner is that the cheques in question were obtained from him by respondent No.2 as part of an offence of blackmail and extortion. Those were undated and even, respondent No.2 had taken the promissory notes as blank from him forcibly. The petitioner filed the complaint inthis regard, on the basis ofwhich an FIR bearing No.485/2014 under Sections 386/420/506/120-B/34IPC was registered against respondent
No.2 in Police Station Safdarjung Enclave, New Delhi.
The status report has been filed by the State. Respondent No.2 has also filed the reply in which it is stated that the petitioner has cheated and defrauded number of people by his well-designed dishonest and fraudulent inducements. Various FIRs and complaints have been registered against the petitioner. The details of the same are mentioned in para 1 of the preliminary submissions/objections ofthe reply.
When the matter is taken up today, respondent No.2 has supplied alist containing the details of all the cases pending against the petitioner in various Courts including this Court. The same is taken on the record.
Learned counsel for respondent No.2 states that the petitioner is inthe habit
Y offiling the frivolous complaints after receiving the amount and anumber of cheques were bounced and the complaints are pending against the petitioner.
As far as the contentions raised by the petitioner in these petitions are concerned, the same may be raised before the learned Trial Court. I am not inclined to grant the prayers made in the present petitions. The same are accordingly dismissed. Pending applications also stand disposed of.
JANUARY 21, 2015
21.01.2015 Respondent No.2 in the above said matters filed 8 complaint cases under Section 138 of the Negotiable Instruments Act, 1881 against the
2015:DHC:10631 petitioner, inrespect ofreturn of23 cheques, on 14^^ October, 2013. Notice was framed against the petitioner in one of the cases, i.e. Complaint Case
No.825/2013 on 15"^ April, 2014. The petitioner was avoiding the notice.
Non-bailable warrants were issued against the petitioner, which were subsequently cancelled. The case was fixed for further proceedings on 6^^
January, 2015. In the meanwhile, the present petitions have been filed by the petitioner for quashing of proceedings initiated against him by respondent No.2, under Section 138 of the Negotiable Instruments Act
^ pendinginthe learnedtrial Court, i.e. MM, KarkardoomaCourts, Delhi.
The contention ofthe petitioner is that the cheques in question were obtained from him by respondent No.2 as part of an offence of blackmail and extortion. Those were undated and even, respondent No.2 had taken the promissory notes as blank from him forcibly. The petitioner filed the complaint inthis regard, on the basis ofwhich an FIR bearing No.485/2014 under Sections 386/420/506/120-B/34IPC was registered against respondent
No.2 in Police Station Safdarjung Enclave, New Delhi.
The status report has been filed by the State. Respondent No.2 has also filed the reply in which it is stated that the petitioner has cheated and defrauded number of people by his well-designed dishonest and fraudulent inducements. Various FIRs and complaints have been registered against the petitioner. The details of the same are mentioned in para 1 of the preliminary submissions/objections ofthe reply.
When the matter is taken up today, respondent No.2 has supplied alist containing the details of all the cases pending against the petitioner in various Courts including this Court. The same is taken on the record.
Learned counsel for respondent No.2 states that the petitioner is inthe habit
Y offiling the frivolous complaints after receiving the amount and anumber of cheques were bounced and the complaints are pending against the petitioner.
As far as the contentions raised by the petitioner in these petitions are concerned, the same may be raised before the learned Trial Court. I am not inclined to grant the prayers made in the present petitions. The same are accordingly dismissed. Pending applications also stand disposed of.
JANUARY 21, 2015
JUDGMENT