Deepak Gupta vs Skyline Engineering Contracts India ... on 30 November, 2021

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Delhi High Court - Orders

Deepak Gupta vs Skyline Engineering Contracts India ... on 30 November, 2021

Bench: Mukta Gupta

$~40, 41 and 4
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CRL.M.C. 2402/2021
       CRL.M.A. 15865/2021 (exemption)
       DEEPAK GUPTA                              ..... Petitioner
                 Represented by: Mr. R.Madhav Bera, Advocate.
                      Versus
       SKYLINE ENGINEERING CONTRACTS
       INDIA PVT LTD & ANR.                      ..... Respondents
                 Represented by: None.

+      CRL.M.C. 2403/2021
       CRL.M.A. 15866/2021 (exemption)
       DEEPAK GUPTA                              ..... Petitioner
                 Represented by: Mr. R.Madhav Bera, Advocate.
                      Versus
       SKYLINE ENGINEERING CONTRACTS
       INDIA PVT LTD & ANR.                      ..... Respondents
                 Represented by: None.

+      CRL.M.C. 2404/2021
       DEEPAK GUPTA & ORS.                       ..... Petitioners
                 Represented by: Mr. R.Madhav Bera, Advocate.
                      Versus
       SKYLINE ENGINEERING CONTRACTS
       INDIA PVT LTD & ANR.                      ..... Respondents
                 Represented by: None.

       CORAM:
       HON'BLE MS. JUSTICE MUKTA GUPTA
                               ORDER

% 30.11.2021 CRL.M.A. 15865/2021 (Exemption) in CRL.M.C. 2402/2021 CRL.M.A. 15866/2021 (Exemption) in CRL.M.C. 2403/2021 Signature Not Verified Digitally Signed By:JUSTICE CRL.M.C. 2402/2021 & connected matters PageGUPTA MUKTA 1 of 2 Signing Date:30.11.2021 22:40:29

1. Exemptions allowed subject to just exceptions.

2. Application are disposed of.

CRL.M.C. 2402/2021 CRL.M.C. 2403/2021 CRL.M.C. 2404/2021

1. By these petitions, the petitioners seek quashing of the Complaint Case Nos.342/2017, 341/2017 and 338/2017, respectively under Section 138 of the Negotiable Instruments Act initiated by the respondent No.1 in relation to the cheques which got dishonoured vide return memo dated 28th February, 2009.

2. Learned counsel for the petitioners submits that purportedly, eight cheques were dishonoured. Learned counsel for the petitioners further states that in CRL.M.C.2404/2021, the petitioners, namely, Mr. Deepak Gupta (petitioner No.1) resigned from the company on 21st August, 2008 i.e. prior to the cheques were issued and Mr.Anoop Gupta and Ms.Reeta Gupta (petitioner Nos. 2 and 3, respectively) resigned on 31st March, 2008 i.e. even prior to the Agreement of Investment between the parties dated 4th April, 2008 and hence, no criminal liability can be fastened on them.

3. Notice be issued to the respondent No.1 on the petitioners taking steps through E-mail, SMS, Whatsapp, Speed Post and Courier, returnable before this Court on 21st March, 2022.

4. Till the next date of hearing, the petitioners are exempted from appearing before the Trial Court through the counsel.

5. Order be uploaded on the website of this Court.

MUKTA GUPTA, J.

NOVEMBER 30, 2021/PB Signature Not Verified Digitally Signed By:JUSTICE CRL.M.C. 2402/2021 & connected matters PageGUPTA MUKTA 2 of 2 Signing Date:30.11.2021 22:40:29

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Delhi High Court - Orders