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High Court of DelhiCRL.M.C./6529/2018

M/S Kinematics Marketing Pvt Ltd & ORS v. Ministry Of Corporate Affairs & ORS

2025-01-17Hon'Ble Mr. Justice Yogesh Khanna2 pages

$~16 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 6529/2018, CRL.M.A. 50328/2018 (stay), CRL.M.A. 233/2020 (for permission to amend the Petition) M/S KINEMATICS MARKETING PVT LTD & ORS.....Petitioners Through:

Counsel for Petitioners (appearance not given).

Versus

MINISTRY OF CORPORATE AFFAIRS & ORS .....Respondents Through:

Counsel for R1 (appearance not given).

Ms. Shiva Lakshmi, CGSC with Mr.

Govid Sahrma and Mr. Pushpunder, Senior Prosecutor for UOI.

Ms. Bhagyashree, Advocate for R3.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 17.01.2025 CRL.M.C. 6529/2018 1.

The Petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'CrPC) has been filed on behalf of the Petitioners, against the impugned Order dated 12.11.2018 wherein the plea of the Petitioner that the matter has been compounded with the Respondent No. 2, was rejected on the ground that whatever may have transpired in the affairs of the Company for which resolution may also have been passed but there is no effective compounding taken place in the Court and thus, it cannot be said that the offence stands compounded. Therefore, the Application filed on behalf of the Petitioner, for compounding is rejected. 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 24/01/2025 at 15:29:49

2.

Learned counsel on behalf of the Petitioner submits that in case the Respondent is willing for compounding, the same may be allowed or else the case be sent back for trial.

3.

Learned counsel on behalf of the Respondent No. 1 submits, on instructions, that the Respondent No. 1 is not willing for compounding. 4.

Submissions heard.

5.

In view of the submissions made, the Petition is disposed of with the directions to the Petitioner, to face the trial before the learned Metropolitan Magistrate, in accordance with law.

6.

The Petition is disposed of along with the pending Applications. NEENA BANSAL KRISHNA, J JANUARY 17, 2025/RS 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 24/01/2025 at 15:29:49