Ganesh Chandra Bamrana And Ors vs Rukmani Gupta on 23 November, 2022

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Delhi High Court - Orders

Ganesh Chandra Bamrana And Ors vs Rukmani Gupta on 23 November, 2022

Bench: Swarana Kanta Sharma

                          $~46
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      CRL.M.C. 6170/2022 & CRL.M.A. 24285/2022 (stay)
                                 GANESH CHANDRA BAMRANA AND ORS.                      ..... Petitioners
                                                    Through:       Mr. Puneet Singh Bindra and Ms.
                                                                   Simranjeet, Advocates

                                                    versus

                                 RUKMANI GUPTA                                      ..... Respondent
                                                    Through:

                                 CORAM:
                                 HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
                                                    ORDER

% 23.11.2022 CRL.M.A. 24286/2022 (exemption)

1. Allowed, subject to all just exceptions.

2. Application stands disposed of.

CRL.M.C. 6170/2022 & CRL.M.A. 24285/2022 (stay)

3. The present petition under Section 482 of the Code of Criminal Procedure, 1973 has been filed by the petitioners seeking quashing of complaint bearing No.9170/2020 for the offences punishable under Sections 138/141/142 of Negotiable Instruments Act, 1881 and Section 420 of the Indian Penal Code, 1860 vide which the present petitioners were summoned.

Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:28.11.2022 11:35:34

4. The case of the petitioners is that a cheque bearing no. 316570 issued on 28.06.2018 for security purposes by the accused was dishonoured. A legal notice under Section 138 of the Negotiable Instrument Act, 1881 was issued on 02.07.2018 which was dispatched on 11.07.2018. Thereafter, a complaint was filed under Section 138 NI Act on 07.08.2018. It is pointed out that the NCLT and CIRP proceedings were initiated against the accused on 25.07.2018 and thereafter, IRP was appointed on 27.07.2018.

5. Issue notice to the respondent through all permissible modes including electronically, returnable on 13.02.2023.

6. Till next date of hearing, further proceedings before the learned Trial Court shall remain stayed.

7. The order be uploaded on the website forthwith.

SWARANA KANTA SHARMA, J NOVEMBER 23, 2022/ns Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:28.11.2022 11:35:34

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Delhi High Court - Orders