Sh.S. P. Gautam @ Sukram Pal Gautam v. Sh. Anil Sagar

$~39 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1442/2024 & CRL.M.A. 5694/2024 SH.S. P. GAUTAM @ SUKRAM PAL GAUTAM .....Petitioner Through:

Mr. Tarun Kashyap, Adv.

versus SH. ANIL SAGAR .....Respondent Through:

Mr. Sunil Kumar, Adv.

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 13.09.2024 1.

The learned counsel for the respondent, on instructions, does not dispute that the accused company was struck off from the record of Registrar of Companies with effect from 08.08.2018, and in such circumstances the subject cheques cannot be held to have been drawn on an account maintained by the company since no account admittedly existed. 2.

The learned counsel for the respondent, however, submits that in such circumstances the act of the petitioner in handing over the cheques would amount to cheating. He seeks liberty to file an appropriate complaint in that regard. 3.

In view of the above, the present petition is allowed and the complaint case bearing CC NI Act 1757/2022 titled 'Anil Sagar v. M/s. Venus Polymers Pvt. Ltd. and Ors.' is quashed. 4.

The respondent is, however, at liberty to take appropriate steps for filing a complaint.

5.

It is made clear that this Court has not given any opinion on the merits of any such complaint that may be filed by the respondent and the authorities are at liberty to take steps in 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 02/07/2025 at 09:25:06

accordance with law.

AMIT MAHAJAN, J SEPTEMBER 13, 2024 "SK"

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 02/07/2025 at 09:25:06