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2013 Supreme(Del) 1494

SUNITA GUPTA
Vivek Sinha – Appellant
Versus
CBI – Respondent


Advocate Appeared:
For the Petitioner:Ajay Burman, Karan Burman, Advocates.
For the Respondents:Narender Mann, Sp. P.P., R3, Ashish Rana, Advocate.

Judgment :

Sunita Gupta, J.

1. By virtue of this petition u/s 482 of the Code of Criminal Procedure, 1973, the petitioner seeks quashing of RC No.219/2011/E0003 and all consequent proceedings pending in the Court of Gurvinder Pal Singh, Special Judge CBI, New Delhi primarily on the ground that the bank does not wish to pursue the matter any further and reached an amicable settlement to mutually acceptable terms and conditions. In terms of the settlement, the entire dues of the bank has been paid. That being so, interference of the Court is essential to prevent abuse of process of Court by exercising inherent powers under Section 482 Cr.P.C.

2. The petition is opposed by CBI. In reply to the petition, the background of the case was detailed as under:

a) That a Regular case bearing No. RC 219/2011/E/003 was registered on 31.03.2011 on the basis of complaint of Chief Manager, Bank of India, Malai Mandir Branch, R.K. Puram, New Delhi, against the petitioner Vivek Sinha, Prop. of M/s Esoft Informatics, Gurgaon & Director of M/s Esoft Informatics Pvt. Ltd., Gurgaon and M/s Nexus Remedies Pvt. Ltd., Gurgaon, Deepak Kumar, Director of M/s Esoft Informatics Pvt. Ltd., Gurgaon, Ajit R. Kyal






























































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