M/S Metro Engineers v. Union Of India And ORS

$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 523/2025 M/S METRO ENGINEERS .....Petitioner Through:

Ms. Vaijanthi K., Adv.

versus UNION OF INDIA AND ORS .....Respondent Through:

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 14.02.2025 1.

This is a petition seeking direction for registration of F.I.R. against respondent No. 2 for non-payment of GST and other offences. 2.

This is a petition seeking the following prayers: "1. Kindly direct the Respondent No.1 to consider the representation dated 26/10/2024, 24/12/2024 issued by the Petitioner for taking appropriate action against the Respondent No. 2; and

2. To register a First Information Report (FIR) against the Respondent No. 1 under Sections 316(1), 318(4), 61(2), 336(1), and 351(2)/(3) of the Bhartiya Nyaya Sanhita, 2023, and any other relevant provisions of law.

3. Direct the Police authorities to initiate a prompt and thorough investigation into the matter and take appropriate action as per the law."

3.

Ms. Vaijanthi K., learned counsel appearing on behalf of the petitioner submits that in the present case, the petitioner has made the entire payment to its service provider i.e. respondent No. 2 and 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 18/02/2025 at 11:15:39

despite the agreement between the parties, respondent No. 2 has not deposited the GST to the Government of India. 4.

It is further stated that the petitioner has filed complaint to respondent No. 1 on 26.10.2024 and served another representation on 24.12.2024 seeking status report of the said complaint. However, no action has been taken by respondent No. 1.

5.

Learned counsel for the petitioner restricts herself to only prayer No. 1 in the present petition.

6.

For the said reasons, issue notice. At the request of the Court, Mr. Harpreet Singh, learned Standing Counsel has been asked to appear and he has appeared through video conference mode. 7.

For the reasons stated above, it is directed that respondent No. 1 shall consider the representations dated 26.10.2024 and 24.12.2024 made by the petitioner and pass the speaking order within a period of 2 weeks from today.

8.

The respondent No. 1, if it deems fit, shall hear the petitioner and respondent No. 2 before passing the said speaking order. 9.

With these directions, the petition is allowed and is disposed of accordingly.

10.

A copy of the entire paperbook shall be supplied to Mr. Harpreet Singh at email id: harpreetgststandingcounsel@gmail.com. 11.

Dasti.

JASMEET SINGH, J FEBRUARY 14, 2025/sp Click here to check corrigendum, if any 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 18/02/2025 at 11:15:39