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2019 Supreme(Del) 1084

R.K.GAUBA
Ritu Jain – Appellant
Versus
State Through Standing Counsel – Respondent


Advocates Appeared:
Anjali J. Manish, Adv., Nidhi Saini, Adv., K.S. Ahuja, Adv.

JUDGMENT :

R.K. Gauba, J.

The petitioner is described as the proprietor of a firm called M/s Shrey Overseas. On the criminal complaint (CC No. 1047/2015) of the second respondent, she and her said firm (shown in the array as ond and first accused respectively) were summoned by the Metropolitan Magistrate by order dated 19.05.2015, on the accusations of offence punishable under Section 25 read with Section 27 of the Payment and Settlement Systems Act, 2007. It appears that in the said criminal complaint, the second respondent (the complainant) had, inter alia, mentioned the name of one Manish Kumar Jain (shown in the array as third accused), his description being that of a partner of M/s Shrey Overseas. The Metropolitan magistrate, however, declined to issue any process against the said person noting that as per the evidence adduced in the preliminary inquiry (on affidavit), the case was essentially against the proprietory firm of the petitioner herein.

2. The petition at hand was filed seeking quashing of the proceedings in the said criminal complaint case, invoking the inherent powers and jurisdiction of this court under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.).

































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