CRL.M.C./6867/2026 of MANJULA SURESH BONAGERI Vs M/S AGRICO ORGANICS LTD on 17 September 2026

O R D E R

% 17.09.2026

1. This hearing has been done through hybrid mode.

2. The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), seeking quashing of the proceedings in Ct. Case No. 4544/2018 under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as ‘NI Act’), titled Agrico Organics Ltd. v. Bonageri Crop Science Ltd. & Anr., pending before the learned JMFC (NI Act-02), West District, Tis Hazari Courts, New Delhi, qua the petitioner, and setting aside of the order dated 08.07.2026 passed by the learned JMFC (NI Act-02), West District, Tis Hazari Courts, New Delhi.

3. Learned counsel for the petitioner submits that the petitioner is the

Director of the accused company and has been summoned pursuant to an application filed by the complainant under Section 319 of the Criminal Procedure Code (hereinafter referred to as ‘Cr.P.C.’), 1973, read with Section 141 of the NI Act, 1881. He further submits that the petitioner is a homemaker and was neither involved in the day-to-day affairs of the company nor responsible for its financial or banking operations.

4. Learned counsel for the petitioner further submits that the petitioner was not the signatory to the cheque in question and that there is not a single averment against her in the original complaint, legal notice, or the application under Section 319 Cr.P.C. read with Section 141 of the NI Act, 1881.

5. Learned counsel for the petitioner further submits that no evidence was tendered before the learned Trial Court attributing any role or involvement to the petitioner and that the learned Trial Court was required to apply its mind to the material on record before summoning her.

6. Upon being questioned by this Court, learned counsel for the petitioner submits that the application under Section 319 Cr.P.C. has not yet been decided by the learned Trial Court and that the petitioner has been issued notice pursuant thereto.

7. This Court notes that the application under Section 319 Cr.P.C. is still pending consideration before the learned Trial Court. The petitioner has approached this Court at a stage when the said application has not yet been finally adjudicated by the learned Trial Court. The said impugned order dated 08.07.2026 is reproduced below:-

8. A bare perusal of this order shows that the learned Trial Court has only issued notice of the application under Section 319 of Cr.P.C to the proposed accused persons i.e., the petitioner’s and others in the present case.

9. The Trial Court has neither decided the application on merits nor has given any other findings, qua the petitioner.

10. This Court is not inclined to examine the merits of the contentions raised by the petitioner at this stage. The petitioner shall be at liberty to raise all her contentions before the learned Trial Court while opposing the application under Section 319 Cr.P.C.

11. Accordingly, the present petition is dismissed being devoid of merits. The petitioner shall be at liberty to avail of an appropriate remedy, in accordance with law, if needed, after the learned Trial Court passes an order on the application under Section 319 Cr.P.C.

12. It is clarified that this Court has not expressed any opinion on the merits of the case.

13. Pending applications, if any, stand disposed of.

14. The order be uploaded on the website forthwith. MADHU JAIN, J SEPTEMBER 17, 2026/prg/yt