Delhi High Court
CRL.M.C./7570/2026 of M/S NKG INFRASTRUCTURE LTD AND ANR. Vs M/S NAVAIR INTERNATIONAL PVT. LTD on 8 October 2026
CRL.M.C. 7570/2026
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IN THE HIGH COURT OF DELHI AT NEW DELHI
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Date of Decision: 08.10.2026
CNR No. DLHC010485752026
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CRL.M.C. 7570/2026, CRL.M.A. 31614/2026 & CRL.M.A.
31613/2026
M/S NKG INFRASTRUCTURE LTD AND ANR. .....Petitioners Through:
Mr. Manish Gupta and Mr. Shivanshu
Gusain, Advocates
versus
M/S NAVAIR INTERNATIONAL PVT. LTD
.....Respondent
Through:
None
CORAM: JUSTICE GIRISH KATHPALIA
J U D G M E N T (ORAL)
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1. Petitioners/accused persons seek quashing of Complaint Case under Section 138 Negotiable Instruments Act.
2. Petitioners/accused persons were admittedly served with summons one year ten months back and are facing trial without having challenged the summoning order or the order framing notice. There is not even a whisper explaining the delay in filing this petition. GIRISH KATHPALIA Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4afec45 569af3962c6fb4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d1557 0996b40f80cbd2eee60402c487965ff801e26fa, cn=GIRISH KATHPALIA Date: 2026.10.08 17:00:55 +05'30' Digitally Signed By:RAHUL YADAV Signing Date:08.10.2026 17:05:56 Signature Not Verified
CRL.M.C. 7570/2026
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3. It is submitted by learned counsel for petitioners/accused persons that petitioners/accused persons were served with summons of the trial court in January 2025, but they did not appear, so warrants were issued and finally they appeared before the trial court in January 2026.
4. Learned counsel for petitioners/accused persons submits that the impugned complaint case deserves to be quashed because the cheque in question was for Rs.15,00,000/-, whereas the statutory notice under Section 138 Negotiable Instruments Act was for Rs.3,85,946/-. In this regard, learned counsel has taken me through the copy of the statutory notice and the cheque in question. Not other ground has been raised on behalf of petitioners.
5. But a careful perusal of record would show that the statutory notice shown by the learned counsel is dated 06.04.2023, whereas the statutory notice referred to in the complaint as well as the list of documents is notice dated 07.04.2023. It appears that notice dated 07.04.2023 has been kept away from this Court and the notice dated 06.04.2023 shown to the Court pertains to some other transaction.
6. In view of the aforesaid, I find no merit in the present petition. The petition and the accompanying applications are dismissed.
GIRISH KATHPALIA (JUDGE) OCTOBER 8, 2026/as GIRISH KATHPALIA Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4afe c45569af3962c6fb4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d1 5570996b40f80cbd2eee60402c487965ff80 1e26fa, cn=GIRISH KATHPALIA Date: 2026.10.08 17:00:42 +05'30' Digitally Signed By:RAHUL YADAV Signing Date:08.10.2026 17:05:56 Signature Not Verified