Hina Chetwani & ORS v. Rajkumar
$~29 & 30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3648/2017 HINA CHETWANI & ORS .....Petitioners Through:
Dr. Harshvir Pratap Sharma, Senior Advocate with Mr. Amit Kumar, Advocate.
versus RAJKUMAR .....Respondent Through:
+ W.P.(CRL) 241/2018 and CRL.M.A. Nos. 1361/2018 & 25035/2024 HINA CHETWANI COMPANY SECRETARY & ORS .....Petitioners Through:
Dr. Harshvir Pratap Sharma, Senior Advocate with Mr. Amit Kumar, Advocate.
versus STATE OF NCT & ANR .....Respondents Through:
Ms. Rupali Bandhopadya, ASC for the State.
SI Rahul Malik, DIU/East.
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
O R D E R
% 28.08.2024 1.
While CRL.M.C. 3648/2017 has been filed for quashing of proceedings under Section 138 of the Negotiable Instruments Act, 1881, C.C. No. 1588/2017, W.P.(CRL) 241/2018 has been filed for quashing of the FIR No. 758/2017 registered at P.S. Shakarpur, Delhi under Sections 420/406/506/120B of IPC.
2.
These petitions have been filed basis settlement arrived at between the parties dated 12th January 2022 between Raj Kumar Tyagi on one hand and The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
the accused Company KDP Buildwell Private Limited and the Director Manoj Kumar Goyal.
3.
As regards the Section 138 proceedings, two other Directors being Hina Chetwani and Kavita Rani Goyal are also array as accused. 4.
These matters have been on board of this Court since 2017; however, no one has appeared on behalf of the respondents in these matters. This was noted by the Court on 21st April 2023 and court notice was issued for the next date and it was stated that the notice shall indicate that if the respondent remains unrepresented on the next date, the Court will proceed with the matter regardless.
5.
When the matter was listed on 22nd September 2023, no one appeared on behalf of the respondent as well as on subsequent dates, i.e. on 01st November 2023, 13th March 2023, 21st July 2024, and 22nd August 2024. 6.
APP for the State, on instructions, states that the respondent was informed about the date of hearing, however, stated that he does not wish to appear but had mentioned that he has received the amount under the settlement.
7.
As regards the FIR, APP for the State states that the cancellation report was filed and was accepted by the learned Trial Court on 08th December 2022. Payments were to be made as per the settlement as per the following tabulation which forms part of the settlement agreement: The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
8.
Subsequently, the NCLT proceedings were withdrawn by the complainant/ respondent on the basis of the settlement stating that the monies have been received. This was recorded in the order dated 27th January 2022, which is on record of this Court. 9.
In these circumstances, both the petitions are accepted and the proceedings under Section 138 of the Act, as noted above, and the FIR both stand quashed.
10.
The matters stand disposed of. Pending applications, if any, are rendered infructuous.
11.
Order be uploaded on the website of this Court. ANISH DAYAL, J The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
AUGUST 28, 2024 kd/kp The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.