Dismissed

Anuradha Shukla v. Oravel Stays Pvt. Ltd. (through Its Director/Authorized Signatory)

Delhi HC11 Jul 2024CRL.M.C./1125/2024

Case brief

AI extract

What is this about?

The petitioner sought quashing of summons under Section 138 NI Act, claiming she had resigned as Director prior to the issuance of the cheque. The Court held that the appropriate remedy is a revision petition before the Sessions Court, not writ jurisdiction, and dismissed the petition with liberty to approach the Sessions Court.

What did the court decide?

Petition dismissed with liberty to approach the Additional Sessions Judge.

Anuradha Shukla Vs Oravel Stays Pvt. Ltd. (through Its… — Cheque Dishonour | Delhi HC (2024)

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$~24

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 1125/2024

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ANURADHA SHUKLA .....Petitioner

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Through: Mr. Yogesh Sharma, Ms. Pratima Rani, Mr. Yugant Parihar and Mr. Yogeshwar Singh, Advs.

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versus

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ORAVEL STAYS PVT. LTD. (THROUGH ITS DIRECTOR/AUTHORIZED SIGNATORY) .....Respondent Through: Mr. Akshay Mehra, Adv.

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CORAM:

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HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

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O R D E R 11.07.2024

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Petition under Section 482 CrPC filed seeking quashing of the impugned order dated 11.03.2019 vide which petitioner was summoned in a case under Section 138 NI Act.

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Learned counsel for the petitioner submitted that the petitioner had been Director of the erstwhile accused Company, who had resigned even prior to the date of issue of the cheques. The only apparent error was that the record of the Registrar of Companies have not been updated which was the duty of the continuing Directors for which she cannot be penalized. She came to know about this order of summoning only on 09.10.2023 as is also evident from the Order Sheets of the learned Trial Court. There has been illegality committed for which reason the impugned order of summoning has been challenged.

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This is a digitally signed order. 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 18/07/2024 at 11:46:49

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The first remedy for the basic condition for which the impugned order of summoning has been challenged is by way of filing revision petition before the learned Sessions Court.

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The petition is dismissed with liberty to the petitioner to approach the learned Additional Sessions Judge against the impugned order.

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NEENA BANSAL KRISHNA, J

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JULY 11, 2024/ns

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This is a digitally signed order.

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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 18/07/2024 at 11:46:49

Anuradha Shukla v. Oravel Stays Pvt. Ltd. (through Its Director/Authorized Signatory)

Case brief

What is this about?

What did the court decide?

Anuradha Shukla v. Oravel Stays Pvt. Ltd. (through Its Director/Authorized Signatory)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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