Miss Aradhya Gupta (Minor) v. State & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4654/2019 MISS ARADHYA GUPTA (MINOR) .....Petitioner Through:

Mr. S.M. Pandey, Ms. Banisha Verma, Mr. Raj Gunjan, Ms. Kirti and Ms. Sukriti, Advocates versus STATE & ANR.

.....Respondents Through:

Mr. Manjeet Singh Oberoi, APP

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT

O R D E R

% 23.09.2019 CRL.M.A. 35873/2019 Allowed subject to all just exceptions.

CRL.M.C. 4654/2019 & CRL.M.A. 35874/2019-Stay Despite notice served upon the respondent No. 2, none have appeared on his behalf.

Vide the present petition, petitioner seeks the quashing of the summoning order dated 4th April, 2019 issued by the learned MM NI-Act04, THC, Delhi in criminal complaint No. 1249/2019 titled "Shri Bhupender Bhasin Vs. M/s Aradhya Traders" through proprietor Aradhya Gupta, claimed to be authorised signatory of the cheque in question. The present case is filed on the ground that Aradhya Gupta is a five years old minor and has been produced by the petitioner, who is the father of

said minor.

The petitioner has produced identity card of Aradhya Gupta issued by St. Xavier's High School, Gurugram, Haryana, who is in class grade 1-A and her father's name is Mr. Gaurav Gupta and mother name is Mrs. Aaradhna Gupta. The said identity card issued for the Academic Session Year 2019-20 and her date of birth is 22nd January, 2014. The original seen and the same is returned to the petitioner.

Therefore, since the respondent accused is minor (Aradhya Gupta), who is just five years old. I hereby quash the summoning order dated 4th April, 2019 and the proceedings emanating thereto. A Copy of this order be given dasti under the signature of the Court Master.

SURESH KUMAR KAIT, J SEPTEMBER 23, 2019 v