Delhi High Court - Orders
Govind Prasad Todi & Anr vs Govt. Of Nct Of Delhi & Anr on 22 February, 2021
Author: Subramonium Prasad
Bench: Subramonium Prasad
$~22
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 474/2021 & Crl.M.A.2459/2021(stay)
GOVIND PRASAD TODI & ANR. ..... Petitioners
Through Mr. Rishi Sood and Ms. Aditi
Sharma, Advocates
versus
GOVT. OF NCT OF DELHI & ANR. ..... Respondents
Through Mr. Hirein Sharma, APP for the
State/respondent No.1.
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
ORDER
% 22.02.2021
1. This petition filed under Section 482 Cr.P.C. is for quashing of Criminal Complaint bearing CC No.7554/2020 pending before the learned Metropolitan Magistrate, Patiala House Courts, New Delhi and the summoning order dated 24.11.2020 passed in the said matter.
2. Mr. Rishi Sood, learned counsel appearing for the petitioners states that the petitioner is a Director in M/s. Ajanta Offset and Packaging Ltd. He states that an application for Corporate Insolvency Resolution Process (CIRP) under IBC, 2016 has been filed before the National Company Law Tribunal and an IRP has been appointed on 04.02.2020. He states that by virtue of Section 14 of the Insolvency and Bankruptcy Code, institution and continuation of proceedings against the corporate debtor are injuncted and proceedings against the corporate debtor get automatically stayed. He states that the cheques in question were presented to the bank and dishonoured on 13.02.2020 after the IRP was appointed. The learned counsel for the petitioners states that in view of the moratorium, the complaint cannot be Crl.M.C.474/2021 Page 1 of 2 proceeded with. Mr. Sood also relies on the order dated 09.02.2021 passed by the Supreme Court in W.P.(Crl).68/20201 titled ANIL Bhalla and ANR v. TRICOLITE ELECTRICAL INDUSTRIAL LTD AND ORS.
3. Issue notice.
4. Mr. Hirein Sharma, learned APP appearing for the respondent No.1/State accepts notice.
5. On filing of process fee, issue notice to respondent No.2 by all modes, including Dasti, returnable on 22.03.2021.
Crl.M.A.2459/2021(stay)
1. This is an application filed under Section 482 Cr.P.C. seeking stay of the proceedings in Criminal Complaint bearing CC No.7554/2020 and the summoning order dated 24.11.2020 passed by the learned Metropolitan Magistrate, Patiala House Courts, New Delhi.
2. Issue notice.
3. Mr. Hirein Sharma, learned APP appearing for the respondent No.1/State accepts notice.
4. On filing of process fee, issue notice to respondent No.2 by all modes, including Dasti, returnable on the date fixed.
5. In the meanwhile, the proceedings in Criminal Complaint bearing CC No.7554/2020 and the order dated 24.11.2020 shall remain stayed.
SUBRAMONIUM PRASAD, J.
FEBRUARY 22, 2021 pst Crl.M.C.474/2021 Page 2 of 2