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Rajeev Gupta vs State Of U.P. & Others on 4 January, 2010

Allahabad High Court
Rajeev Gupta vs State Of U.P. & Others on 4 January, 2010
Court No. - 50

Case :- CRIMINAL MISC. WRIT PETITION No. - 25701 of 2009

Petitioner :- Rajeev Gupta
Respondent :- State Of U.P. & Others
Petitioner Counsel :- Rajendra Kumar Pandey
Respondent Counsel :- Govt. Advocate

Hon'ble Mrs. Poonam Srivastav,J.

Heard counsel for the petitioner and learned A.G.A. for the State.

The instant writ petition has been filed challenging the order dated 13.10.2009
passed by the Additional Session Judge, Court No. 10, Ghaziabad in Criminal
Revision No. 419 of 2007-Rajeev Gupta Vs. State of U.P. and others under
Section 138 of the Negotiable Instruments Act ( in short referred to as the
Act).

The complaint under the Negotiable Instruments Act read with sections 406
and 420 I.P.C. was initiated against the Company, Directors, Chairman and
Secretary. The Company was finally wound up by order of this Court and the
Official Liquidator was appointed to take charge of all the assets and
properties of the Company. The petitioner filed an application before the
Additional Civil Judge ( J.D.) /Judicial Magistrate Court No. 2, Ghaziabad
which was rejected. Feeling aggrieved thereby, a Criminal Revision No. 419
of 2007 was preferred which was also dismissed vide order dated 13.10.2009
which is impugned in the instant writ petition.

Submission is that since proceedings for winding up the Company were
initiated, therefore, complaint proceedings under section 138 of the Act of the
complainant cannot be allowed to proceed. Learned counsel for the petitioner
has placed reliance on the decision of the Delhi High Court in the case of
M.L. Gupta and another Vs. M/s CEAT Financial Services Ltd. 2007[1]JCC
[NI] 18.

Taking into consideration the provisions of sections 446 and 457 of the
Companies Act, issue notice to the respondents no. 2 and 3 returnable at an
early date. Counter affidavit may be filed within three weeks from the date of
receipt of notice. Learned A.G.A. may also file counter affidavit within four
weeks from today. Rejoinder affidavit may be filed within three weeks
thereafter.

List immediately on expiry of the aforesaid period.

Till the next date of listing, operation of the impugned order dated 13.10.2009
passed by the Additional Sessions Judge, Court No. 10, Ghaziabad in criminal
Revision No. 419 of 2007-Rajeev Gupta Vs. State of U.P. and others under
section 138 of the Negotiable Instruments Act, shall remain stayed.

Order Date :- 4.1.2010
Iss

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