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CC NI ACT - Complaint Case 138 NI Act

TANUSHREE GOVIL ACTING THROUGH POA SUMAN GOVILVsVSR INFRATECH PRIVATE LIMITED +6 more

CNR DLNW020162502023765-Judicial Magistrate First Class
Rohini North-West, CMM Court
delhi · Delhi (DL)
CASE DISPOSED
Uncontested--DISMISSED AS WITHDRAWN
Decision Date: 08th May 2024

TrustJury record updated 19 Oct 2026

Case Overview

Registration Number
2367/2023
Registration Date
18 May 2023

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    8

    Petitioner

    1. 1TANUSHREE GOVIL ACTING THROUGH POA SUMAN GOVIL

    Respondent

    1. 1VSR INFRATECH PRIVATE LIMITED
    2. 2VISHAL SWARA
    3. 3CHETAN SWARA
    4. 4PURAN CHAND DAS
    5. 5AMIT KUMAR
    6. 6JATIN BAJAJ
    7. 7AMIT KHATRI

    Acts & Sections

    1
    NEGOTIABLE INSTRUMENTS ACT · Sec 138

    Police / FIR Details

    Police Station
    Saraswati Vihar
    FIR Number / Year
    0

    Case History / Proceedings

    Case History
    Date: 18-05-2023
Business: FP
Next Purpose: Misc./ Appearance
Next Hearing Date: 26-06-2023

Date: 26-06-2023
Business: fp
Next Purpose: Misc./ Appearance
Next Hearing Date: 08-09-2023

Date: 08-09-2023
Business: FP
Next Purpose: Misc./ Appearance
Next Hearing Date: 20-11-2023

Date: 20-11-2023
Business: further proceedings
Next Purpose: Misc./ Appearance
Next Hearing Date: 22-03-2024

Date: 22-03-2024
Business: FURTHER PROCEEDINGS
Next Purpose: Misc./ Appearance
Next Hearing Date: 08-05-2024

Date: 08-05-2024
Business: DAW
Nature Of Disposal: DISMISSED AS WITHDRAWN
Disposal Date: 08-05-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 16249/2023
Filing Date: 08-05-2023
eFiling Number: ECDLNW02021322023
eFiling Date: 06-05-2023
First Hearing Date: 18th May 2023
Decision Date: 08th May 2024
Court Number And Judge: 765-Judicial Magistrate First Class

    Orders

    11
    Final Order 6
    08 May 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 4CC NI ACT2367/2023
TANUSHREE GOVIL ACTING THROUGH POA SUMAN GOVIL Vs. VSR
INFRATECHPRIVATE LIMITED/0 (Saraswati Vihar)
Proceedings conducted online through video conferencing using CISCO WEBEX
software.
08.05.2024
Present: Sh. Ahmad Ibrahim, Ld. Counsel for the complainant.
Matter is fixed for consideration and arguments on summoning.
Signed statement on withdrawal not received. Be sent by 12 PM.
At 4:30 PM, Signed statement received.
In view of the statement above, the present matter stands disposed off as
withdrawn. Accused is acquitted of charges u/s 138 NI Act read with Section 257 Cr.PC. Bail
bonds/surety bonds are canceled. Surety, if any, is discharged. Original, if any, be returned to
the rightful claimant as per rules. Endorsement, if any, be canceled.
File be consigned to record room after due compliance.
(Shivangi Mangla)
(MM(NI) Digital court02)
NorthWest, Rohini
New Delhi/08.05.2024
-- 1 of 1 --
    Interim Order 5
    22 Mar 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 7CC NI ACT 2367/2023
TANUSHREE GOVIL ACT ING THROUGH POA SUMAN GOVIL Vs. VSR INFRATECH
PRIVATE LIMITED/0 (Saraswati Vihar)
Proceedings conducted online through video conferencing using CISCO WEBEX
software.
22.03.2024
Present: Sh. Ahmad Ibrahim, Ld. Counsel for the complainant.
Matter is fixed for consideration and arguments on summoning.
Ld. Counsel for the complainant submits that complainant has received the full
and final payment from accused but the matter is at pre -cognizance stage. Now, there remains
nothing due against the accused and therefore, on instructions of complainant, he does not wish
to pursue the matter and seeks permission to withdraw the same. A separate statement has been
recorded accordingly.
The digital file and the physical file does not match. The Ld. Counsel for the
complainant is directed to furnish the matching files.
Put up at 2 PM.
At 2:00 PM, None present.
Signed statement not received back.
The matching digital file has not been furnished despite directions.
Put up for further proceedings on 08.05.2024.
(Shivangi Mangla)
(MM(NI) Digital court02)
NorthWest, Rohini
New Delhi/22.03.2024
-- 1 of 1 --
    Interim Order 4
    20 Nov 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 8CC NI ACT2367/2023
TANUSHREE GOVIL ACTING THROUGH POA SUMAN GOVIL Vs. VSR INFRATECH
PRIVATE LIMITED/0 (Saraswati Vihar)
Proceedings conducted online through video conferencing using CISCO WEBEX
software.
20.11.2023
Regular Reader-cum-ahlmad is on leave.
Present: Sh. Ahmed Ibrahim, Ld. Counsel for the complainant.
Matter is fixed for consideration and arguments on summoning.
Put up at 2 PM for clarification.
At 2:00 PM, matter is again taken up.
Sh. Ahmed Ibrahim, Ld. Counsel for the complainant.
Clarifications have been given with regard to the legality of the debt. It has been
submitted by Ld. Counsel for the complainant that the present transaction was the loan
transaction and not the investment transaction as also corroborated further by 1.5 and 1.6 of the
loan and MOU form. It has been submitted that all the cheques were issued at the time of
advancement of the loan, and the same fact has been mentioned in para no. 5 clause D of the
complaint.
Digital file does not match the physical file. Since the Reader-cum-ahlmad is on
leave, the matter is adjourned.
Put up for further proceedings on 22.03.2024.
(Shivangi Mangla)
(MM(NI) Digital court02)
NorthWest, Rohini
New Delhi/20.11.2023
-- 1 of 1 --
    Interim Order 3
    08 Sept 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: -- 1 of 1 --
    Interim Order 2
    26 Jun 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 6CC NI ACT2367/2023
TANUSHREE GOVIL ACTING THROUGH POA SUMAN GOVIL Vs. VSR INFRATECH
PRIVATE LIMITED/0 (Saraswati Vihar)
Proceedings conducted online through video conferencing using CISCO WEBEX
software.
26.06.2023
Ld. PO was on short leave today.
Present: Sh. Ahmad Ibrahim, Ld. Counsel for the complainant.
Matter is fixed for consideration and arguments on summoning.
It appears that the digital file does not match with the judicial file. Reader-cum-
ahlmad is directed to cross verify whether the correct complaints are uploaded.
Complainant was the financier to the accused company. In lieu of which the MoU
was entered into between the parties and later the cheques in question were issued in discharge
of the investment amount financed by the complainant.
Ld. Counsel for the complainant is further directed to furnish the relevant
authorities/case laws regarding the legality of the debt.
Put up for further proceedings on 08.09.2023.
(Shivangi Mangla)
(MM(NI) Digital court02)
NorthWest, Rohini
New Delhi/26.06.2023
-- 1 of 1 --
    Interim Order 1
    18 May 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI ACT/2367/2023
DLNW020162502023
TANUSHREE GOVIL ACTING THROUGH POA SUMAN GOVIL
Vs.
VSR INFRATECH PRIVATE LIMITED
Proceedings conducted online through video conferencing using CISCO WEBEX
software.
18.05.2023
Fresh e-file received by way of assignment. It be checked and registered.
Present: None.
Complainant has been apprised of the court requirement to submit the original
documents including the dishonoured cheque, dishonour memo bearing the seal of the bank,
legal demand notice, dispatch receipt and service proof, reply, if any, etc. apart from physically
signed original complaint and attested affidavit of pre-summoning evidence, with the reader-
cum-ahlmad of the court, before NDOH.
Complainant is directed to visit the Digital Court Work Station for
submitting the physical file between 2.00 to 4.00 p.m.
Put up for consideration on 26.06.2023.
(Shivangi Mangla)
(MM(NI) Digital court02)
NorthWest, Rohini
New Delhi/18.05.2023
-- 1 of 1 --
    Order 5
    22 Mar 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 7CC NI ACT 2367/2023
TANUSHREE GOVIL ACT ING THROUGH POA SUMAN GOVIL Vs. VSR INFRATECH
PRIVATE LIMITED/0 (Saraswati Vihar)
Proceedings conducted online through video conferencing using CISCO WEBEX
software.
22.03.2024
Present: Sh. Ahmad Ibrahim, Ld. Counsel for the complainant.
Matter is fixed for consideration and arguments on summoning.
Ld. Counsel for the complainant submits that complainant has received the full
and final payment from accused but the matter is at pre -cognizance stage. Now, there remains
nothing due against the accused and therefore, on instructions of complainant, he does not wish
to pursue the matter and seeks permission to withdraw the same. A separate statement has been
recorded accordingly.
The digital file and the physical file does not match. The Ld. Counsel for the
complainant is directed to furnish the matching files.
Put up at 2 PM.
At 2:00 PM, None present.
Signed statement not received back.
The matching digital file has not been furnished despite directions.
Put up for further proceedings on 08.05.2024.
(Shivangi Mangla)
(MM(NI) Digital court02)
NorthWest, Rohini
New Delhi/22.03.2024
-- 1 of 1 --
    Order 4
    20 Nov 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 8CC NI ACT2367/2023
TANUSHREE GOVIL ACTING THROUGH POA SUMAN GOVIL Vs. VSR INFRATECH
PRIVATE LIMITED/0 (Saraswati Vihar)
Proceedings conducted online through video conferencing using CISCO WEBEX
software.
20.11.2023
Regular Reader-cum-ahlmad is on leave.
Present: Sh. Ahmed Ibrahim, Ld. Counsel for the complainant.
Matter is fixed for consideration and arguments on summoning.
Put up at 2 PM for clarification.
At 2:00 PM, matter is again taken up.
Sh. Ahmed Ibrahim, Ld. Counsel for the complainant.
Clarifications have been given with regard to the legality of the debt. It has been
submitted by Ld. Counsel for the complainant that the present transaction was the loan
transaction and not the investment transaction as also corroborated further by 1.5 and 1.6 of the
loan and MOU form. It has been submitted that all the cheques were issued at the time of
advancement of the loan, and the same fact has been mentioned in para no. 5 clause D of the
complaint.
Digital file does not match the physical file. Since the Reader-cum-ahlmad is on
leave, the matter is adjourned.
Put up for further proceedings on 22.03.2024.
(Shivangi Mangla)
(MM(NI) Digital court02)
NorthWest, Rohini
New Delhi/20.11.2023
-- 1 of 1 --
    Order 3
    08 Sept 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: -- 1 of 1 --
    Order 2
    26 Jun 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 6CC NI ACT2367/2023
TANUSHREE GOVIL ACTING THROUGH POA SUMAN GOVIL Vs. VSR INFRATECH
PRIVATE LIMITED/0 (Saraswati Vihar)
Proceedings conducted online through video conferencing using CISCO WEBEX
software.
26.06.2023
Ld. PO was on short leave today.
Present: Sh. Ahmad Ibrahim, Ld. Counsel for the complainant.
Matter is fixed for consideration and arguments on summoning.
It appears that the digital file does not match with the judicial file. Reader-cum-
ahlmad is directed to cross verify whether the correct complaints are uploaded.
Complainant was the financier to the accused company. In lieu of which the MoU
was entered into between the parties and later the cheques in question were issued in discharge
of the investment amount financed by the complainant.
Ld. Counsel for the complainant is further directed to furnish the relevant
authorities/case laws regarding the legality of the debt.
Put up for further proceedings on 08.09.2023.
(Shivangi Mangla)
(MM(NI) Digital court02)
NorthWest, Rohini
New Delhi/26.06.2023
-- 1 of 1 --
    Order 1
    18 May 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI ACT/2367/2023
DLNW020162502023
TANUSHREE GOVIL ACTING THROUGH POA SUMAN GOVIL
Vs.
VSR INFRATECH PRIVATE LIMITED
Proceedings conducted online through video conferencing using CISCO WEBEX
software.
18.05.2023
Fresh e-file received by way of assignment. It be checked and registered.
Present: None.
Complainant has been apprised of the court requirement to submit the original
documents including the dishonoured cheque, dishonour memo bearing the seal of the bank,
legal demand notice, dispatch receipt and service proof, reply, if any, etc. apart from physically
signed original complaint and attested affidavit of pre-summoning evidence, with the reader-
cum-ahlmad of the court, before NDOH.
Complainant is directed to visit the Digital Court Work Station for
submitting the physical file between 2.00 to 4.00 p.m.
Put up for consideration on 26.06.2023.
(Shivangi Mangla)
(MM(NI) Digital court02)
NorthWest, Rohini
New Delhi/18.05.2023
-- 1 of 1 --

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