Allowed

Vijay Kumar Sood v. Ikramul Haq

Delhi HC11 Dec 2024CRL.M.C./872/2021

Case brief

AI extract

What is this about?

The High Court of Delhi quashed the criminal complaint and summoning order against the petitioner for offences under Sections 406 and 420 IPC. The quashing was granted based on the petitioner's prior resignation from the implicated company and a subsequent settlement reached between the company and the complainant.

What did the court decide?

Quashed the complaint Case No. 5051/2019 and the summoning order dated 21.07.2020 qua the petitioner.

Vijay Kumar Sood Vs Ikramul Haq — Cheque Dishonour | Delhi HC (2024)

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$~28

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 872/2021, CRL.M.A. 4364/2021 & 17132/2022

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VIJAY KUMAR SOOD .....Petitioner Through: Mr. Salim A. Inamdar, Adv. versus IKRAMUL HAQ .....Respondent Through: Mr. Paramvir Singh Narang and Mr. Praveen Baisoya, Advs.

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CORAM: HON'BLE MR. JUSTICE VIKAS MAHAJAN O R D E R

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% 11.12.2024

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The present petition has been filed seeking the following reliefs:

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“a) Quash the complaint being Ct. Case No . 5051/2019 filed by Ikramul Haq ( Respondent herein) under Section 200 of Cr. P.C. for the offences under Section 420 and 406 of the Indian Penal Code against the Petitioner and the proceedings arising therefrom pending before Metropolitan Magistrate - 02, Saket Courts, South East, New Delhi;

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b) Quash the summoning order dated 21.07.2020 passed by Metropolitan Magistrate - 02, Saket Courts, South East, New Delhi against the Petitioner in complaint being Ct. Case No. 5051/2019.”

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The learned counsel appearing on behalf of the petitioner submits that the present petition arises out of Complaint Case No.5051/2019 in which the petitioner was arraigned as accused no.3. He submits that the present petitioner was also summoned vide order dated 21.07.2020 to stand trial for the offences under Sections 406 and 420 IPC.

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He submits that in fact the present petitioner was a director of co-

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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 19/12/2024 at 12:57:01

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accused company namely, MVL Ltd. and he had resigned from his services as early as on 01.07.2008. He submits that along with the present petition, DIR 12 has also been placed on record.

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It is further the submission of the learned counsel for the petitioner that during the pendency of the present proceedings, the aforesaid company has already arrived at a settlement with the respondent (complainant) and in terms of the said settlement, the complainant has handed over four apartments in a finished condition on 29.06.2024 in terms of the order dated 05.07.2023 passed by a co-ordinate bench of this Court in Company Petition No.668/2014.

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The above position is not disputed by the learned counsel appearing on behalf of the respondent. He submits that the respondent has no objection in case the complaint case as well as order of summoning is quashed qua the present petitioner.

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In the above backdrop, this Court is of the view that the Complaint Case No.5051/2019, entitled Ikram ul Haq v. MVL Ltd. & Ors., pending in the Court of learned Metropolitan Magistrate-02, Saket Court, as well as, as well as summoning order dated 21.07.2020 deserves to be quashed qua the petitioner. Ordered accordingly.

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The petition stands disposed of.

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VIKAS MAHAJAN, J

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DECEMBER 11, 2024 aj

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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 19/12/2024 at 12:57:01

Vijay Kumar Sood v. Ikramul Haq

Case brief

What is this about?

What did the court decide?

Vijay Kumar Sood v. Ikramul Haq

Case brief

What is this about?

What did the court decide?

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