Gagandeep Singh Swani v. Ankita Gupta

CRM-M No. 53864 of 2024

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M No. 53864 of 2024 Date of Decision: 28.10.2024 Gagandeep Singh Swani ...PeƟƟoner

Versus

Ankita Gupta

...Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Manish Jain, Advocate Mr. Siddhant Jain, and Mr. Manan Jain, Advocate for the peƟƟoner.

**** ANOOP CHITKARA, J.

1.

Aggrieved by order dated 08.04.2024 passed by JMIC, Ludhiana, the peƟƟoner who was Managing Director of the Company namely Swani Motors Services Private Limited has come up before this Court. 2.

Counsel for the peƟƟoner has drawn aƩenƟon of this Court to an irregularity in the order dated 08.04.2024. Counsel submits that it is not irregularity but it is an illegality because company has not been summoned. Once the Company has not been prosecuted, then Directors cannot be prosecuted and punished because it is the Company who was the main violator. Although Company cannot be sentenced to imprisonment but the company can be sentenced to fine and the law is well seƩled. 3.

I have perused the impugned order dated 08.04.2024. On the face of it, no cognizance was taken against accused No.1 and cognizance was taken only against respondents No.2 and 3.

4.

Given above, there is no need even to issue noƟce to the complainant because an irregularity has to be corrected at this stage which would be in the interest of the complainant.

5.

In the enƟrety of facts and circumstances, impugned order dated 08.04.2024 is quashed and set aside. Since this Court has quashed the order of Jyoti Sharma 2024.10.29 17:08 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh

CRM-M No. 53864 of 2024 cognizance itself, as such there is no necessity for the peƟƟoner to remain present in Court. Trial Court to apply its mind afresh qua taking of cognizance in accordance with law. All pending applicaƟons, if any also stands disposed. (ANOOP CHITKARA) JUDGE 28.10.2024 JyoƟ Sharma Whether speaking/reasoned:

Yes Whether reportable:

No.

Jyoti Sharma 2024.10.29 17:08 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh