Allowed¶6

Asha Rani Gupta v. Rudresh Pratap Singh

Delhi HC3 Jul 2025CRL.M.C./1722/2023

Case brief

AI extract

What is this about?

CRL.M.C. 1722/2023, Delhi High Court, decided 03.07.2025, Amit Sharma, J. Section 482 Cr.P.C. quashing; Section 138 Negotiable Instruments Act, 1881; cheque dated 24.11.2018; resignation of Additional Director vide letter dated 01.11.2016; Form DIR-12 filed with Registrar of Companies; accused company Santasha Real Estate Pvt. Ltd.; complainant Rudresh Pratap Singh; complaint case no. 2914/2019 / CT CASE NO 2414/2019; MM-01, Patiala House Courts, New Delhi; consent-based quashing qua petitioner only; trial to continue qua co-accused.

What did the court decide?

Proceedings in the complaint case (CT CASE NO 2414/2019, 'Rudresh Pratap Singh vs Santasha Real Estate P. Ltd. & Ors') quashed qua petitioner Asha Rani Gupta; Trial Court to proceed qua other accused persons; pending applications disposed of. ¶6

Asha Rani Gupta Vs Rudresh Pratap Singh — Cheque Dishonour | Delhi HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the criminal proceedings against the petitioner in the pending complaint case (relating to a cheque issued on 24.11.2018, after her resignation as Additional Director of the accused company with effect from 01.11.2016) ought to be quashed under Section 482 Cr.P.C.

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Court's answer

The petition is allowed and the proceedings in the complaint case (CT CASE NO 2414/2019, 'Rudresh Pratap Singh vs Santasha Real Estate P. Ltd. & Ors') are quashed qua the present petitioner, who had resigned as Additional Director on 01.11.2016, prior to the subject cheque dated 24.11.2018, a position fairly conceded by respondent's counsel.

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Ratio / Principle

The learned Trial Court shall proceed with the aforesaid complaint case qua the other accused persons in accordance with law.

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Detailed headnote1 paragraphs

Delhi High Court (Amit Sharma, J.) allowed a petition under Section 482 Cr.P.C. and quashed, qua petitioner Asha Rani Gupta, the proceedings in the complaint case bearing no. CT CASE NO 2414/2019 (described in the prayer as complaint case no. 2914/2019), titled 'Rudresh Pratap Singh vs Santasha Real Estate P. Ltd. & Ors', pending before the learned Metropolitan Magistrate-01 (JMFC), Patiala House Courts, New Delhi. The petitioner, inducted as Additional Director of the accused company around 2011, had resigned vide letter dated 01.11.2016, reflected in Form DIR-12 filed before the Registrar of Companies, whereas the subject cheque was issued on 24.11.2018; counsel for the respondent fairly conceded that the petitioner had resigned prior to issuance of the cheque and raised no objection to quashing qua her. The Trial Court was directed to proceed with the complaint qua the other accused persons in accordance with law.

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$~31

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 1722/2023&CRL.M.A. 6635/2023

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ASHA RANI GUPTA .....Petitioner

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Through: Mr. Pawan Kumar Bahl, Ms. Prakhya Bahl, Mr. Rohit Kumar, Advs.

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versus

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RUDRESH PRATAP SINGH .....Respondent Through: Mr. Mohit Kumar & Mr. Rohit Taneja & Ms. Ruchi Gupta, Advs.

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CORAM:

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HON'BLE MR. JUSTICE AMIT SHARMA

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O R D E R

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% 03.07.2025

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This hearing has been done through hybrid mode.

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The present petition under Section 482 of the Cr.P.C. seeks the following prayers: -

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“i) To call for the records; and

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ii) To quash the proceedings against the petitioner in complaint case bearing no. 2914/2019, “Rudresh Pratap Singh vs. Santasha real estate pvt. Ltd.” Pending in the court of Sh. Yashdeep Chahal, MM-01, NDD, Patiala House courts, New Delhi and iii) To stay the proceeding in the criminal complaint case filed by the complainant in the in the above said matter till the outcome of the present petition iv) To pass any other order as deemed fit and proper in the facts of the case. "

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v) Prayed accordingly.”

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Learned counsel for the petitioner submits that the latter was inducted as Additional Director in the accused company, Santasha Real Estate Pvt. Ltd., somewhere in 2011 and vide letter dated 01.11.2016, she had submitted her resignation from the position of Additional Director. It is further submitted that Form DIR-12 was also submitted before the Registrar of

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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 07/07/2025 at 12:04:33

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Company in which it has been reflected that the present petitioner had resigned from the post of Additional Director in the accused company on 01.11.2016.

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It is pointed out that the subject cheque was issued on 24.11.2018 and, therefore, the petitioner cannot be held liable for prosecution under Section 138 of the Negotiable Instruments Act, 1881.

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Learned counsel appearing on behalf of respondent fairly submits that the petitioner had resigned prior to the issuing of the subject cheque in the present case, as mentioned hereinabove, and he has no objection if the present petition is allowed and proceedings pending before the learned Trial Court are quashed qua the present petitioner.

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In view of the above, the present petition is allowed. The proceedings against the present petitioner in complainant case bearing no CT CASE NO 2414/2019 titled as “Rudresh Pratap Singh vs Santasha Real Estate P. Ltd. & Ors” pending before learned Metropolitan Magistrate-01 (JMFC), Patiala House, New Delhi, are quashed qua the present petitioner.

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The present petition is allowed qua the present petitioner and the learned Trial Court shall proceed with the aforesaid complaint case qua the other accused persons in accordance with law.

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The petition stands disposed of accordingly.

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Pending applications, if any, also stand disposed of.

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Copy of the order be sent to the concerned learned Trial Court for necessary information and compliance.

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AMIT SHARMA, J JULY 3, 2025/ nk Click here to check corrigendum, if any

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Asha Rani Gupta v. Rudresh Pratap Singh

Case brief

What is this about?

What did the court decide?

Asha Rani Gupta v. Rudresh Pratap Singh

Case brief

What is this about?

What did the court decide?

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What the court decided

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