Delhi High Court - Orders
Naresh Basia vs State & Anr on 16 November, 2023
Author: Sudhir Kumar Jain
Bench: Sudhir Kumar Jain
$~28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 2251/2019 & CRL.M.A. 8978/2019
NARESH BASIA ..... Petitioner
Through: Mr. Abhay Gupta and Mr. Ronakjeet,
Advocates.
versus
STATE & ANR. .....Respondents
Through: Mr. Pradeep Gahlot, APP for State.
Mr. Shobhit Jain, Mr. Kushal Mittal
and Ms. Shatakshi Sharma,
Advocates for R-2.
CORAM:
HON'BLE DR. JUSTICE SUDHIR KUMAR JAIN
ORDER
% 16.11.2023
1. The present petition is filed under section 482 Cr.P.C. for quashing of complaint bearing CC no. 18354/2017. The Court of Sh. Ravinder Singh, MM-04, NI Act, Dwarka Courts, Delhi vide order dated 06.06.2018 had ordered the summoning of the petitioner for the offence punishable under section 138 of the Negotiable Instrument Act, 1881 after taking the cognizance.
2. The counsel for the petitioner stated that the petitioner filed the petition under section 94 of the Insolvency and Bankruptcy Code, 2016 (IBC) before the NCLT and due to this reason, the proceedings under section 138 of the NI Act has already been stayed by the trial court.
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 20/11/2023 at 21:13:23
3. The counsel for the petitioner seeks permission to withdraw the present petition with liberty to file a fresh petition on the basis of the outcome of the petition under section 94 IBC stated to be pending before the NCLT.
4. Liberty as prayed for is granted.
5. The present petition is dismissed as withdrawn along with the pending application.
6. It is also made clear that all the pleas and contentions raised by the petitioner in the present petition are left open to be considered at appropriate stage by the Court of competent jurisdiction.
DR. SUDHIR KUMAR JAIN, J NOVEMBER 16, 2023 Pa/AB/ak 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 20/11/2023 at 21:13:23