CRL.M.C. 7023/2026 Page 1 of 2 $~66 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010448682026 + CRL.M.C. 7023/2026 CRL.M.A. 29321-29322/2026 SH SURENDER KUMAR & ANR. .....Petitioners Through: Mr. Lal Singh Thakur, Ms. Sonali Singh, Mr. Tarun Maan and Mr. Ankush, Advs. versus SH HARVINDER SINGH .....Respondent Through: None CORAM: HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA O R D E R % 21.09.2026 CRL.M.A. 29322/2026 (for exemption) 1. Allowed, subject to all just exceptions. 2. The application stands disposed of. CRL.M.C. 7023/2026 3. The present petition has been filed seeking the following relief: “a. quash complaint case CC NI Act bearing No. 18103/2023, titled "Harvinder Singh vs. Surender Kumar & Ors.", filed under Section 138 of the Negotiable Instruments Act, 1881, pending before the Court of Ms. Neelmani Sharma, Ld. JMFC, Dwarka Courts, New Delhi, together with the summoning order dated 20.11.2023 passed therein, and all proceedings consequent thereto, qua the Petitioners; and/or” 4. Learned counsel for the Petitioner submits that in view of the law settled by the Supreme Court in Crl. Appl. No. 258/2021 titled Alka Khandu Avhad v. Amar Syamprasad Mishra1, the subject common complaint, which has been filed against two separate and individual Petitioners with respect to two separate and distinct cheques issued 1 (2021) 4 SCC 675 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/09/2026 at 10:40:55 CRL.M.C. 7023/2026 Page 2 of 2 respectively by each of the Petitioner from their individual accounts, could not have been filed or maintained by the Respondent. 5. He fairly submits that the matter is listed before the trial court on 23.09.2026 for framing of notice and these arguments can be raised before the said court at that stage. 6. The present petition is disposed of with a direction to the Petitioners to first approach the trial court for raising the grounds urged in this petition before the trial court at the stage of framing of notice. However, if the trial court proceeds to frame the notice against the Petitioners by rejecting their submissions, and the Petitioners are aggrieved by the reasons recorded by the trial court, they are at liberty to approach this Court, in accordance with law. 7. Accordingly, the petition is disposed of. Pending application is disposed of. 8. It is made clear that this Court has not expressed any opinion on the merits of the grounds urged in the petition and the legality of the said ground will be determined by the trial court in accordance with law. MANMEET PRITAM SINGH ARORA, J SEPTEMBER 21, 2026/msh/AM This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/09/2026 at 10:40:55