Delhi High Court - Orders
Pooja Behl vs Delhi Swastik Cooperative Urban Thrift ... on 13 October, 2023
$~53
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 7507/2023
POOJA BEHL ..... Petitioner
Through: Mr. U. S. Chaudhary, Mr. Dheeraj
Raghav, Mr. S. S, Ms. Shristy
Gupta and Ms. Shariq Sidiques
and Ms. Prachi Bahal, Advocates
versus
DELHI SWASTIK COOPERATIVE URBAN THRIFT AND
CREDIT SOCIETY LTD & ORS. ..... Respondents
Through: None
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
ORDER
% 13.10.2023 CRL.M.A. 27968/2023 (for exemption)
1. Allowed, subject to all just exceptions.
2. The application stands disposed of.
CRL.M.C. 7507/20233. The petitioner vide the present petition under Section 482 of the Code of Criminal Procedure, 1973 seeks quashing of proceedings initiated by Delhi Swastik Cooperative Urban Thrift and Credit Society Ltd., Delhi against the petitioner.
4. On the petitioner taking requisite steps within a period of two weeks, issue notice to the respondent no.2 by all permissible modes, returnable on 07.02.2024.
CRL.M.C. 7507/2023 Page 1 of 3This 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 17/10/2023 at 16:19:57
5. Upon service, reply, if any, be filed within a period of four weeks. Rejoinder thereto, if any, be filed within two weeks thereafter.
6. Renotify on 07.02.2024 CRL.M.A. 27967/2023
7. The petitioner vide the present application under Section 482 of the Code of Criminal Procedure, 1973 seeks stay of the operation of the impugned order passed by the learned Assistant Collector-01, Delhi as well as the proceedings if any arising out of the aforesaid.
8. As per the case of the petitioner, being a member of the Society, she was forced by the then Chairman of the Society to become one of the four Surety in the agreement involving one borrower namely Naresh Kumar Aggarwal. The said Naresh Kumar Aggarwal after taking a loan to the tune of Rs.4,00,000/-, has, only paid Rs.1,00,000/-. It is further the case of the petitioner that the said borrower is not only residing within the vicinity of Delhi but is also operating his business in Delhi itself. So much so, the same borrower is also the holder of PAN No. AAJPA9708J and is operating numerous bank accounts associated with it.
9. Learned counsel appearing for the petitioner further submits that though the petitioner is one of the four sureties involved when the said borrower took the loan from the society i.e. the respondent no.2 herein, however, the proceedings were only initiated against the petitioner barring/ leaving aside all the other remaining three sureties.
10. Considering the aforesaid, finding merit in the submissions made by the learned counsel for the petitioner, the proceedings arising out of CRL.M.C. 7507/2023 Page 2 of 3 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 17/10/2023 at 16:19:57 the order (stamped as 14.09.2022) passed by the learned Assistant Collector-01, Delhi in Case No.657/2020-21/1373956 stayed till the next date of hearing.
11. Accordingly, the present application stands disposed of.
SAURABH BANERJEE, J OCTOBER 13, 2023/akr CRL.M.C. 7507/2023 Page 3 of 3 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 17/10/2023 at 16:19:57