Final Order 9

Order Details: COPY OF ORDER
Pdf Text: IN THE COURT OF SH. BHUPINDER SINGH
ADDITIONAL SESSIONS JUDGE-05, CENTRAL DISTRICT,
TIS HAZARI COURTS, DELHI
REVISION PETITION NO. 368 of 2023
CNR No.DLCT01-008458-2023
IN THE MATTER OF:
1. Deeksha Chopra W/o Atul Chopra
R/o S-357, Greater Kailash-1,
New Delhi-110048
..…..Revisionist
Versus
1. State of NCT of Delhi
Through its Standing Counsel/ Public Prosecutor
NCT of Delhi
Delhi High Court
2. SHREE SAI KNITTING
Through its Authorized Representative
Shri Sudama Ram
A company incorporated under
The Companies Act, 1956,
Having its registered office at:
39/14, Samaypur Extension Industrial Area,
New Delhi-110042.
…..Respondents
Instituted on : 06.07.2023
Reserved on : Not reserved
Pronounced on : 15.11.2025
JUDGMENT
1. Vide instant revision, revisionist takes exception to the summoning
order dated 24.12.2019 in CC no. 11436/2019 titled as ‘Shree Sai
Knitting Vs. A M Vinyl & Ors.’ decided by Ld. MM-02, Central
District, Tis Hazari Courts, Delhi.
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2. The revisionist is aggrieved with the said order and has assailed the
same vide instant petition, primarily for the reasons that impugned
cheque was returned by the bankers of the accused persons not for
insufficiency of funds but for the reasons that the account was
blocked, that too for the reasons beyond the control of the
revisionist.
3. None appeared on behalf of the revisionist for the last many dates
and as such the petition is considered on the basis of material on
record.
4. Perused the records.
5. In view of the order dated 02.05.2023 of Hon’ble High Court of
Delhi passed in CRL.M.C 3682/2022 and connected matters , issue
of limitation is not taken up .
6. However, it is observed that the contentions raised by the
revisionists relate to disputed questions of fact. The court has been
called upon to evaluate the same on the basis of various intricacies
of factual details which have been touched upon by the learned
counsel. The veracity and credibility of material furnished on
behalf of the respondent, in particular, on the point of limitation,
responsibility of the accused persons in day to day affairs of the
accused company whether he was having knowledge of
appointment of IRP etc. have been questioned and false
implication has been pleaded.
7. The law regarding sufficiency of material which may justify the
summoning of accused and also the court's decision to proceed
against him in a given case is well settled. The court has to eschew
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itself from embarking upon a roving enquiry into the last details of
the case. It is also not advisable to adjudge whether the case shall
ultimately end in conviction or not. Only a prima facie satisfaction
of the court about the existence of sufficient ground to proceed in
the matter is required.
8. Through a catena of decisions given by Hon'ble Apex Court, this
legal aspect has been expatiated upon at length and the law that has
evolved over a period of several decades is too well settled. The
cases of (1) Chandra Deo Singh v. Prokash Chandra Bose, AIR
1963 SC 1430, (2) Vadilal Panchal v. Dattatraya Dulaji
Ghadigaonker, AIR 1960 SC 1113 and (3) Smt. Nagawwa v.
Veeranna Shivalingappa Konjalgi, (1976) 3 SCC 736 may be
usefully referred to in this regard.
9. Illumined by the case law referred to herein above, this Court has
adverted to the entire record of the case.
10.The submissions made in the petition call for adjudication on pure
questions of fact which may be adequately adjudicated upon only
by the Ld. Trial court. This Court does not deem it proper, and
therefore, cannot be persuaded to have a pre-trial before the actual
trial begins. A threadbare discussion of various facts and
circumstances, as they emerge from the allegations made against
the accused, is being purposely avoided by the Court for the
reason, lest the same might cause any prejudice to either side
during trial. Suffice it would be to observe that on perusal of the
complaint, pre-summoning evidence led on behalf of
respondent/complainant and also the material available on record
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including the dishonored cheque, demand notice, return memo, a
prima facie case is made out against the revisionists/accused
persons at this stage so as to summon them.
11.No doubt, as per the submissions made in the petition, the
corresponding bank Account was Blocked due to reasons beyond
the control of the revisionist , but weather it happened due to the
action/inaction on part of the revisionist so that the authority
/department was compelled to do so , just to defeat the purpose of
the present complaint has to be seen. Other contentions raised in
the petition, whether legal notice was received by the revisionist,
accused persons were responsible for day to day affairs of the
accused company, if the submissions of the respondent were false
etc are also subject matter of trial and can be decided only after
evidences are led .Therefore, this court does not find any
justification to interfere with the impugned order.
12.In my considered view, Ld MM has passed the impugned order
after considering the material available on record i.e. cheque,
return memo, legal notice. There is a presumption in favour of
respondent in terms of provisions of 118 NI Act and Ld Trial Court
has rightfully summoned the revisionist.
13.Lastly, as per the records of the Ld. Trial Court, the matter has
been settled between the parties.
14.With these observations, the revision petition stands disposed off
as dismissed.
15.TCR be sent back along with copy of this judgment to the Ld. Trial
court.
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16.Revision file be consigned to Record Room after due compliance.
Announced in the open Court
(Judgment contains 5 pages)
(Bhupinder Singh)
ASJ-05, Central District
Tis Hazari Courts, Delhi
15.11.2025
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