Karuna Chhabra v. State & ORS.
$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3962/2023&CRL.M.A. 14919/2023 KARUNA CHHABRA .....Petitioner Through:
Mr. Abdullah Tanveer and Ms.
Yashodhara, B. Roy, Advocates.
versus STATE & ORS.
.....Respondents Through:
Mr. Sanjeev Sabharwal, APP for the State with Ms. Mansi Sharma, Advocate.
Mr. Udit Dwivedi, Advocate for R-2 (through Vc).
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
O R D E R
% 10.03.2025 1.
This hearing has been done through hybrid mode. 2.
The present petition under Section 482 of the Cr.P.C. has been filed seeking the following prayers: - "i. Quash the Impugned Summoning Order dated 20.01.2020 and all proceedings emanating therefrom to the extent the same is concerned with the Petitioner in Complaint Case bearing no. 1061/2020, titled as M/s Staunch Retail Private Limited Vs. M/s Powerful Technologies Limited and Ors. pending before Ms. Neha Goel, Learned Metropolitan Magistrate, Central District, Tis Hazari Court, Delhi, New Delhi; and ii. Quash the Impugned Complaint Case bearing no. 1061/2020, titled as M/s Staunch Retail Private Limited Vs. M/s Powerful Technologies Limited and Ors. pending before Ms. Neha Goel, Learned Metropolitan Magistrate, Central District, Tis Hazari Court, Delhi, New Delhi and all proceedings emanating therefrom; The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
and iii. Quash, cancel and direct deletion of name the Petitioner from the memo of parties of Complaint case bearing no. 1061/2020, titled as M/s Staunch Retail Private Limited Vs. M/s Powerful Technologies Limited and Ors. pending before Ms. Neha Goel, Learned Metropolitan Magistrate, Central District, Tis Hazari Court, Delhi, New Delhi and all proceedings emanating therefrom; iv. Pass such other(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case." 3.
Learned counsel for the petitioner submits that two subject cheques on the basis of which the complaint in the present case has been filed are of 07.11.2019 and 09.11.2019. It is the case of the petitioner that the latter had resigned as Director from the accused company namely, M/s Powerful Technologies Limited on 27.09.2019. It is also the case of the petitioner that she was not involved in the affairs of the said company. Form DIR-12 has also been placed on record to show that she had ceased to be the director of the accused company w.e.f. 27.09.2019.
4.
Learned counsel for the complainant/respondent No. 2, on instructions, submits that the petitioner had resigned with effect from 27.09.2019 and further submits that the name of the present petitioner may be dropped from the array of parties and they do not dispute the present petition qua the petitioner in respect of impugned summoning order dated 20.01.2020. 5.
In view of the above, the present petition is allowed. The impugned summoning order dated 20.01.2020 and other all proceedings emanating therefrom qua the present applicant in Complaint Case bearing No. 1061/2020, titled as "M/s Staunch Retail Private Limited Vs. M/s Powerful Technologies Limited and Ors." pending before the Court of learned Metropolitan Magistrate, Central District, Tis Hazari Court, Delhi, New Delhi, are set aside and hereby quashed.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
6.
The petition is disposed of alongwith all pending application(s), if any. 7.
It is made clear that the present order is being passed only qua the present petitioner and the learned Trial Court may proceed in accordance with law with respect to the other persons arrayed as accused in the aforesaid complaint case.
8.
Copy of the order be sent to the learned Trial Court for necessary information and compliance.
9.
Order be uploaded on the website of this Court forthwith. AMIT SHARMA, J MARCH 10, 2025/bsr 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.