Delhi High Court - Orders
Anju Khanna & Ors vs State (Govt Of Nct Of Delhi) & Anr on 6 July, 2022
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~25
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 2988/2022, CRL.M.A. 12571/2022
ANJU KHANNA & ORS. ..... Petitioners
Through: Mr.Haishikesh Baruah and
Mr.Shubham Agarwal, Advocates.
versus
STATE (GOVT OF NCT OF DELHI) & ANR. ..... Respondents
Through: Ms.Rajni Gupta, APP for State.
CORAM:
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
ORDER
% 06.07.2022
CRL.M.A. 12572/2022
Exemption allowed, subject to all just exceptions. Application stands disposed of.
CRL.M.C. 2988/2022, CRL.M.A. 12571/2022 & CRL.M.A. 12573/2022 Petitioner has preferred petition under Section 482 Cr.P.C. for quashing of CT. Case No.28540/2016 (old Case No.1305/2015) titled as 'M/s Indian Bank (erstwhile Allahabad Bank) vs. M/s Adigear International & Ors.' under Section 138 of NI Act pending before the court of Sh.Udbhav Kumar Jain, MM, New Delhi District, Patiala House Courts, New Delhi and all proceedings and orders emanating therefrom including orders dated 01.05.2015, 04.12.2019 and 27.04.2022 passed by learned MM and order dated 31.08.2021 passed by learned ASJ in CRL.REV. No.105/2020 titled 'Anju Khanna & Ors. vs. Allahabad Bank' qua the petitioners/accused Nos.3, 4 & 5.
Issue notice. Learned APP for the State appears on advance notice served upon the State and accepts notice.
Learned APP for the State submits that since State is a proforma party, Signature Not Verified Digitally Signed By:DINESH CHANDRA Signing Date:07.07.2022 15:16:46 no separate reply is required to be filed.
Learned counsel for the petitioner submits that as per extant law, a person merely being a partner would not make him ipso facto liable for an offence that may have been committed by accused No.1 (i.e. the partnership firm). It is further submitted that in view of the summoning order dated 01.05.2015, the petitioners preferred an application seeking discharge which was dismissed vide order dated 04.12.2019 by learned MM. Further, a CRL.REV. No.105/2020 was preferred before the learned ASJ, which was also dismissed. Thereafter, one of the accused Pran Nath Khanna preferred a petition under Section 482 Cr.P.C. before the Hon'ble High Court of Delhi seeking quashing of complaint qua CRL.M.C.1423/2022, wherein a co-ordinate Bench of this Court, while dismissing the petition, observed that the petitioner has an equally efficacious remedy available of filing an application under Section 251 Cr.P.C. seeking discharge. It is further urged that thereupon the petitioner preferred another application under Section 251 Cr.P.C. seeking discharge before the learned trial court/MM, which was dismissed vide order dated 27.04.2022 on the ground that the Hon'ble High Court of Delhi did not specifically direct present accused (i.e. the petitioners) to move an application under Section 251 Cr.P.C. In the aforesaid background, the present petition under Section 482 Cr.P.C. has been preferred for quashing. Reliance has also been placed upon 'Adalat Prasad vs. Roop Lal Jindal & Ors.', (2004) 4 SCC 338, 'Subramanium Sethuraman vs. State of Maharashtra & Ors.', (2004) 13 SCC 324, 'SMS Pharmaceuticals Ltd. vs. Neeta Bhalla & Anr.', (2005) 8 SCC 89, 'Dev Sareen vs. DCM Financial Ltd.', 2007 SCC OnLine Del 1901; (2008) 2 ALT (Crl) (NRCI) 18, 'National Small Industries Corporation Ltd. vs. Harmeet Singh Paintal Signature Not Verified Digitally Signed By:DINESH CHANDRA Signing Date:07.07.2022 15:16:46 & Anr.', (2010) 3 SCC 330, 'Bhushan Kumar & Anr. Vs. State (NCT of Delhi) & Anr.', (2012) 5 SCC 424, 'Tanmay Mukhopadhyay vs. State & Anr.', 2015 SCC OnLine Del 8881, 'Harshendra Kumar D. vs. Rebatilata Koley Etc.', 2011 (1) KLJ 731 (SC) and 'Pran Nath Khanna vs. State' in CRL.M.C.1423/2022.
Issue notice to respondent No.2/complainant by all permissible modes on necessary steps being taken by learned counsel for the petitioner, returnable for 11.10.2022. Considering the facts and circumstances of the case and in the light of the detailed orders passed by the learned trial court as well as Revisionist Court, I am not inclined to pass any interim orders for stay of proceedings at this stage, without giving opportunity to respondent No.2 to make submissions, as the summoning order was passed way back on 01.05.2015.
Trial court record be summoned in digital format.
List on 11.10.2022.
ANOOP KUMAR MENDIRATTA, J.
JULY 6, 2022/R Signature Not Verified Digitally Signed By:DINESH CHANDRA Signing Date:07.07.2022 15:16:46