% 05.10.2023 CRL.M.A. 26210/2023(Exemption)

1. Allowed, subject to all just exceptions.

2. The application is disposed of.

W.P.(CRL) 2800/2023

3. The present writ petition has been filed seeking the following reliefs:

"a. Issue a writ in the nature of prohibition or any other writ or order restraining and prohibiting the Respondent TDB from instituting any proceedings under Section 138 of the Negotiable Instruments Act alleging dishonor of cheques issued by the Petitioner in the discharge of the purported debt, as also, from continuing the prosecution initiated and pending before the Metropolitan Magistrate nos. 773 and 774, Saket Court, Delhi; and b. In furtherance of the above prayer, to issue a writ in the nature of prohibition, restraining and prohibiting Respondent no. 2, Metropolitan Magistrate, Saket, Delhi, from proceeding any further with the trial/hearing of case nos. CC NI Act W.P.(CRL) 2800/2023 Page 1 of 4 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 09/10/2023 at 21:25:27 4803/2022, CC NI Act 7410/2022 and CC NI Act 4951/2023, taken cognizance of by the Court and which is pending before it."

4. Counsel for the petitioners submits that the petitioners are covered by the provisions of the Micro, Small and Medium Enterprises Development Act, 2006 (MSME Act ) and places reliance on the Notification S.O. No.1432(E) dated 29th May, 2015 which provides a framework for revival and rehabilitation of MSMEs and therefore, the respondent no.2 is prohibited from initiating any proceedings for recovery against the petitioners under any law in force, including Section 138 of the NI Act. Invoking the aforesaid notification, the petitioners filed a writ petition before the High Court of Bombay being Writ Petition (L) No.35792/2022 titled Perfect Infraengineers Ltd. & Anr. v. Board of Directors of ICICI Bank & Ors. In the said writ petition, the petitioner no.1 herein, is the petitioner no.2 and the respondent no.2 herein, i.e., Technology Development Board, is the respondent no.5.

5. Two of the reliefs sought by the petitioners in the aforesaid writ petition before the High Court of Bombay are set out below:

6. A perusal of the above would show that the reliefs claimed in the present petition have also been claimed by the petitioners before the High Court of Bombay in the aforesaid writ petition.

7. Vide order dated 25th August, 2023 passed by the High Court of Bombay in the aforesaid writ petition, it was directed that the respondent/Bank shall defer the sale of the assets of the aforesaid company, i.e., Perfect Infraengineers Ltd., till the judgment is pronounced by the High Court of Bombay.

8. Counsel for the petitioner submits that in view of the aforesaid order of the High Court of Bombay, the respondent no.2/complainant in the present petition, cannot proceed with the various cases initiated by the respondent no.2 against the petitioners herein under Section 138 of the Negotiable Instruments Act, 1881 (NI Act ). He further submits that in view of the aforesaid order, no further complaints can be filed by the respondent no.2 against the petitioners under Section 138 of the NI Act.

9. In my considered view, the aforesaid order dated 25th August, 2023, passed by the High Court of Bombay is only limited to the extent that the respondent/Bank shall defer the sale of secured assets till the judgment is W.P.(CRL) 2800/2023 Page 3 of 4 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 09/10/2023 at 21:25:27 rendered by the High Court of Bombay in the aforesaid writ petition. The aforesaid order does not, in any manner, restrain the respondent no.2 from proceeding with the complaints under Section 138 of the NI Act filed against the petitioners.

10. In view of the discussion above, this Court does not find any merit in the present petition. Dismissed.

AMIT BANSAL, J.

OCTOBER 5, 2023 at W.P.(CRL) 2800/2023 Page 4 of 4 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 09/10/2023 at 21:25:27