Rajasthan High Court - Jaipur
Emgee Cables And Communication Ltd vs State Of Rajasthan Through Pp on 29 January, 2019
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 6995/2018
Emgee Cables And Communication Ltd
----Petitioner
Versus
State Of Rajasthan Through PP & Anr.
----Respondents
For Petitioner(s) : Mr. Pankaj Gupta For Respondent(s) : Mr. V.S. Godara, PP & Ms. Anubha Singh HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Order 29/01/2019 Counsel for the petitioner has contended that it is admitted fact that petitioner is having ongoing business transactions with the complainant company.
Ms. Anubha Singh counsel for complainant company has submitted that goods were supplied to the company of the accused petitioner since 2012 and in 2018 default was committed by the petitioner company. She has stated that in year 2018 petitioner company diverted the funds to another company and one of the creditors filed petition for declaring company of the accused petitioner as insolvent.
To controvert this, Mr. Pankaj Gupta, has submitted that committee of creditors has rejected the claim of the complainant company in the insolvency proceedings initiated by another creditor.
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(2 of 2) [CRLMP-6995/2018] Ms. Anubha Singh, at this juncture has submitted that subsequently claim of the complainant company was examined by the resolution professional and the same has been admitted.
Taking into account the submissions, this court has doubt whether any criminal offence is made out or not.
Ms. Anubha Singh, counsel for complainant company prays for an adjournment to cite case law.
List the present petition on 01.04.2019. Till then, further proceedings arising out of impugned FIR shall remain stayed.
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