Ms. Poonam Chopra Vs State Govt. of NCT of Delhi and Anr.

Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of the Petitioner, Ms. Poonam Chopra, for quashing of the Orders dated 24.02.2025 and 07.03.2025 in Complaint Case No. 190/2021, passed by the Court of learned JMFC-06, South-East District, New Delhi, for recall of the NBWs and the proceedings under Section 82 of the Code of Criminal Procedure, 1973 ( hereinafter referred to as ‘Cr.PC’) , which has been initiated vide the two Orders.

¶16

It is submitted that the Petitioner had taken a friendly loan of Rs.30,00,000/- from the Respondent No. 2, under the Loan Agreement dated

¶17

This is a digitally signed order.

¶18

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 25/04/2025 at 17:20:25

¶19

14.05.2018. Two cheques were given to the Respondent No. 2, which on presentation, got dishonoured. The Complaint under Section 200 of Cr.P.C. was filed on 11.01.2021. The Application under Section 156(3) of Cr.P.C. was dismissed on 06.04.2021. After the pre-summoning evidence, the Petitioner was summoned under Section 420 of the Indian Penal Code, 1860. The matter was amicably settled on 20.01.2024 whereby the Petitioner agreed to pay the loan amount of Rs.30,00,000/- in six equal monthly instalments. The entire agreed amount of Rs.30,00,000/- has been paid by 14.02.2025 but because of the delay of seven months, cost of Rs.1,00,000/was imposed on 14.02.2025 and the fine was directed to be deposited on 21.02.2025. However, the Petitioner failed to appear and the warrants got issued on 24.02.2025.

¶20

The Application for cancellation of NBWs was dismissed on 01.03.2025 and 05.03.2025. Furthermore, the amount of Rs.1,00,000/- also stands paid to the Respondent No. 2 as informed to the Court on 07.03.2025 despite which proceedings under Section 82 Cr.P.C., have been initiated against the Petitioner.

¶21

Learned counsel for the Petitioner submits that the entire amount as per the Settlement stands paid and nothing more survives in the Complaint. Furthermore, the Complainant has also died on 04.03.2025. Therefore, it is submitted on behalf of the Petitioner that the Petitioner shall appear before the Court on the date i.e. 28.04.2025.

¶22

Submissions heard and the record perused.

¶23

On perusal of the order of the learned Metropolitan Magistrate, it is evident there was an angst about the callous attitude of the Petitioner, who has chosen not to appear before the learned Trial Court, despite repeated

¶24

This is a digitally signed order.

¶25

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 25/04/2025 at 17:20:25

¶26

directions. However, considering the totality of circumstances, no coercive action be taken against the Petitioner till the next date i.e. 28.04.2025, on which date, she shall appear in person before the Court of learned Metropolitan Magistrate, failing which the learned Metropolitan Magistrate may continue with the proceedings, in accordance with law.

¶27

The Petition is disposed of accordingly along with the pending Application.

¶28

NEENA BANSAL KRISHNA, J

¶29

APRIL 21, 2025/RS

¶30

This is a digitally signed order.

¶31

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 25/04/2025 at 17:20:25

Ms. Poonam Chopra v. State Govt. of NCT of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

Ms. Poonam Chopra v. State Govt. of NCT of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Amaar @ Amir Vs State Govt. of NCT of Delhi

Rajbir Rana & Ors. Vs the State (N.C.T. of Delhi) & Ors.

Meena Kumari @ Meena Thekedarni Vs the State NCT of Delhi through SHO of Ps Harsh Vihar

Habib Ur Rehman Vs State of NCT of Delhi

Firoz Khan through Parokar Vs the State of N.C.T of Delhi through S.H.O. P.S Shakarpur

Arun Saini Vs Registrar of Companies Ministry of Corporate Affairs Government of India NCT and Delhi