Delhi High Court - Orders
Shikha Shah vs Renu Promoters Pvt Ltd on 2 February, 2022
Author: Subramonium Prasad
Bench: Subramonium Prasad
$~35
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 456/2022
SHIKHA SHAH ..... Petitioner
Through Mr. Ashwin Vaish, Advocate
versus
RENU PROMOTERS PVT LTD ..... Respondent
Through Mr. Akhi Sachar, Advocate
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
ORDER
% 02.02.2022 HEARD THROUGH VIDEO CONFERENCING CRL.M.A. 2060/2022 (Exemption) Allowed, subject to all just exceptions. CRL.M.C. 456/2022 & CRL.M.A. 2059/2022
1. The petitioner seeks to challenge the order dated 06.12.2021 passed by the learned Principal District & Sessions Judge, Saket Courts in Criminal Revision No. 106/2021.
2. It is stated by Mr. Ashwin Vaish, learned counsel for the petitioner that there is no averment in the complaint that the petitioner, who is accused No.3, was responsible to the conduct of the business/affairs of the company at the relevant time. He states that in absence of such an averment, the summons could not have been issued at all and the order is violative of the law laid down by the Supreme Court in S.M.S. Pharmaceuticals Ltd v. Neeta Bhalla & Anr., 2005 (8) SCC 89.
3. Issue notice.
Signature Not Verified Digitally Signed By:RAHUL SINGH CRL.M.C. 456/2022 Page 1 of 2 Signing Date:04.02.2022 10:124. Mr. Akhil Sachar, learned counsel for the respondent accepts notice and seeks time to file the reply. Reply be filed within two weeks. Rejoinder, if any, be filed within a week thereafter.
5. List on 12.04.2022, for final hearing.
6. Both sides are requested to file their relevant judgments before the next date of hearing.
7. Since the matter is posted on 12.04.2022, the stay application is not being considered at this juncture.
SUBRAMONIUM PRASAD, J FEBRUARY 2, 2022 hsk Signature Not Verified Digitally Signed By:RAHUL SINGH CRL.M.C. 456/2022 Page 2 of 2 Signing Date:04.02.2022 10:12