M/S Aarushi Pharmaceuticals & ... vs M/S Veekay Surgical Pvt. Ltd.
2015 Latest Caselaw 3956 Del

$~42

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                   Date of Decision: May 18, 2015

+           CRL.M.C. 2101/2015 & Crl.M.A.7469/2015
       M/S AARUSHI PHARMACEUTICALS & ANR ..... Petitioners
                     Through: Mr. Kuldeep Rana, Advocate

                          versus

       M/S VEEKAY SURGICAL PVT LTD                        ..... Respondent
                    Through: Nemo

       CORAM:
       HON'BLE MR. JUSTICE SUNIL GAUR

                          JUDGMENT

% (ORAL)

In proceedings under Section 138 of The Negotiable Instruments Act, 1881, petitioner's application under Section 145 (2) of The Negotiable Instruments Act, 1881 stands dismissed by trial court vide impugned order of 22nd July, 2013.

At the hearing, learned counsel for petitioners-accused persons submitted that petitioner No.2 needs to cross-examine respondent- complainant regarding the cheque being tendered as a security cheque and so, rejections of petitioner's application under Section 145 (2) of The Negotiable Instruments Act, 1881 is uncalled for and so, impugned order deserves to be quashed.

Upon hearing and on perusal of the impugned order of 22nd July,

CRL.M.C. 2101/2015 Page 1 2013, I find that trial court has noticed that the stand of petitioner-accused persons is that petitioner has refused to pay the cheque amount due to defective quality of goods.

In view of the aforesaid stand taken by petitioner, cross- examination of respondent-complainant by petitioners-accused persons is not at all justified and the trial court has rightly declined petitioner's application under Section 145 (2) of The Negotiable Instruments Act, 1881. Finding no palpable error in the impugned order, this petition is dismissed with liberty to petitioner No.2 to step into the witness box to depose on the plea of cheque in question being a security cheque and on the defence already taken by petitioner at the stage of framing of Notice under Section 251 of Cr.P.C..

This petition and the application are accordingly disposed of.

                                                         (SUNIL GAUR)
                                                            JUDGE
MAY 18, 2015
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CRL.M.C. 2101/2015                                                     Page 2