The High Court of Delhi ruled it on Wednesday that a common order for summoning respondents cannot be given in different cases where parties are unrelated. A common order of summon was given by the Metropolitan Magistrate in a total of 3 cases where the Complainant was the same but the respondents were not.
The complainant was Kanika Investments Ltd. The matter was being heard by Single Bench of Hon’ble Justice Anu Malhotra and the hearing was being done through video conferencing. The Counsel of the petitioner was Advocate Anujj Chauhan whereas the respondent was represented by Advocate Kamal Kumar.
The Court then ordered:
“it has been brought forth clearly through the record that even the parties to CC No. 1566/2019, 1565/2019 (out of which the impugned order arises) and CC No. 1567/19, do not relate to the same parties and apparently no such common order as the order dated 11.3.2019 could have been passed in relation to CC No. 1565/19 with other cases 1566/19 and 1567/19”.
“the impugned order dated 11.3.2019 qua CC No. 1565/2019 is thus set aside with the matter being remanded back to the learned Trial Court to consider the aspect of summoning or otherwise of the accused in CC No. 1565/19 in terms of the averments made in the complaint CC No. 1565/19 qua the applicability of the provisions of the Payment & Settlements Systems Act, 2007 read with the provisions of the Negotiable Instruments Act, 1881, which be so determined in accordance with law by the learned Trial Court and it is thus directed accordingly”.
The copy of the order was asked to be sent to the Trial Court by the High Court.