Sushi Ghanshyam Aggarwal v. Dmi Finance Pvt Ltd
$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 610/2025 & CRL.M.A. 5660/2025 SUSHI GHANSHYAM AGGARWAL .....Petitioner Through:
Mr. Diwakar Singh, Adv.
versus DMI FINANCE PVT LTD .....Respondent Through:
Mr. Mohit Mathur, Sr. Adv with Mr.
Ishu Bansal, Advs.
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
O R D E R
% 04.03.2025 CRL.M.A. 5659/2025-EX Allowed subject to all just exceptions.
The application stands disposed of.
W.P.(CRL) 610/2025 1.
This is a writ petition seeking clubbing together of 12 cases i.e. CC NI ACT/5521/2023, CC NI ACT/5526/2023, CC NI ACT/10685/2023, CC NI ACT/10691/2023, CC NI ACT/10729/2023, CC NI ACT/13772/2023, CC NI ACT/17067/2023, CC NI ACT/19338/2023, CC NI ACT/19333/2023, CC NI ACT/23291/2023, CC NI ACT/23297/2023 pending before Chief Metropolitan Magistrate Court, Southwest, Dwarka with CC NI ACT/10515/2024 pending before Chief Metropolitan Magistrate Court, Patiala House, New Delhi.
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2.
It is stated that the transaction in question is the same and hence, it is in the interest of justice that all the criminal complaints are heard and tried together by one single CMM.
3.
Mr. Mathur, learned senior counsel for the respondent who appears on advance notice states that the writ petition is not maintainable in view of the Section 448 of BNSS, 2023.
4.
I find merit in the submission of Mr. Mathur, learned senior counsel. 5.
On the oral request of the learned counsel for the petitioner, the petition is treated as a transfer petition and let it be nomenclatured and numbered accordingly.
6.
The facts in the present case are that 12 criminal complaints are pending before the learned CMM, South-West District, Dwarka Courts, Delhi and 1 criminal complaint is pending before the learned CMM, Patiala House Courts, New Delhi.
7.
It is further stated that the respondent company has filed around 32 cases against the petitioner and other partners. 8.
The transaction in the present case relates to a term loan of Rs. 85 crores sanctioned by the respondent.
9.
Mr. Mathur, learned senior counsel for the respondent opposes the petition.
10.
I am of the view that since the complaints arise from the same transaction and most of the parties are the same, it is in the interest of justice and to avoid any conflicting judgments that all the cases be heard and tried by the same Court.
11.
For the said reasons, the petition is allowed. 12.
The complaint No. CC NI ACT/10515/2024 pending before Chief The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Metropolitan Magistrate Court, Patiala House, New Delhi under NI Act is transferred to Chief Metropolitan Magistrate Court, Southwest, Dwarka to be heard and tried along with CC NI ACT/5521/2023, CC NI ACT/5526/2023, CC NI ACT/10685/2023, CC NI ACT/10691/2023, CC NI ACT/10729/2023, CC NI ACT/13772/2023, CC NI ACT/17067/2023, CC NI ACT/19338/2023, CC NI ACT/19333/2023, CC NI ACT/23291/2023, CC NI ACT/23297/2023. 13.
The petition is disposed of in the aforesaid terms. JASMEET SINGH, J MARCH 4, 2025 / (MS) 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.