Delhi High Court - Orders
Mamta Kale vs State Of Nct Of Delhi & Anr on 21 November, 2023
$~57
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 8512/2023
MAMTA KALE ..... Petitioner
Through: Mr Mohit Mathur, Sr. Advocate with
Mr Abhimanshu Dhyani and Mr Sahil
Modi, Advocates.
versus
STATE OF NCT OF DELHI & ANR. ..... Respondents
Through: Mr Laksh Khanna, APP for the State
with Insp. Kishan Vir Singh, Sec.-
1/EOW.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
ORDER
% 21.11.2023 CRL.M.A. 31783/2023
1. Allowed, subject to all just exceptions.
CRL.M.C. 8512/2023 & CRL.M.A. 31782/2023 (stay)
2. The present petition has been filed, inter alia, challenging the impugned order dated 10.11.2022, whereby the present petitioner has been summoned.
3. Learned senior counsel for the petitioner submits that after investigation, in the charge-sheet filed by the Police, the petitioner no.1 was kept in column no.12. He invites the attention of the Court to the impugned order, to contend that the entire allegations as noticed in the impugned order, are against accused Dipender Kumar Singh, who had started the company by 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 24/11/2023 at 01:09:35 the name of M/s DEF Housing Pvt. Ltd. and the present petitioner was only a second Director with no active role to play. He submits that the amount collected by the said company from various investors was, thereafter, transferred to another company, which was also incorporated by accused Dipender Kumar Singh by the name of M/s Armada Construction Private Limited, in which one Mr Sandeep Madaan was the second Director.
4. He submits that the revision filed by the petitioner against the impugned summoning order came to be dismissed by the learned Revisional Court on factually incorrect fact that the charge-sheet was filed also against the present petitioner, whereas the fact of the matter is that no charge-sheet was filed against the present petitioner and she was kept in column no.12.
5. He further invites the attention of the Court to the order dated 06.07.2022 passed by this court in Crl.M.C.3268/2021 filed by co-accused Gp. Capt. Dipendra Kumar Singh vs. State Govt. of NCT & Anr., to contend that it has been recorded in the said order that even the said co-accused has repaid the entire principal amount to the tune of Rs.9.5 crores + Rs.75 la khs in addition thereto, to the investors, which was subsequently disbursed to the complainants.
6. He submits that the impugned order of summoning does not reflect application of mind on the part of the learned Chief Metropolitan Magistrate. Similarly, the learned Revisional Court has also not adverted to the allegations and the corrects facts.
7. Issue notice. Learned APP for the State accepts notice.
8. Let status report be filed before the next date.
9. Having regard to the submissions made by the learned senior counsel, which prima facie appears to have substance, the operation of the impugned 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 24/11/2023 at 01:09:35 order dated 10.11.2022 passed by the learned CMM, South East District, Saket Court Complex, New Delhi in Cr. Case No. 2977/2021 titled as 'State v. Dipender Kumar Singh Etc. as well as, of the order dated 20.10.2023 passed in Crl.Rev. No.518/2020, is stayed till the next date.
10. Re-notify on 15.02.2023.
VIKAS MAHAJAN, J NOVEMBER 21, 2023 MK 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 24/11/2023 at 01:09:36