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2022 Supreme(Del) 393

CHANDRA DHARI SINGH
Harsh Sehgal – Appellant
Versus
State – Respondent


Advocate Appeared:
For the Petitioner:Mr. Vikas Pahwa, Sr. Advocate. with Mr. Vikas Arora & Ms. Radhika Arora, Mr. Siddharth Singh & Mr. Piyush Kumar, Advocates, Mr. Panna Lal Sharma, APP.
For the Respondent:Mr. Kanwal Chaudhary, Mr. Akhil Gupta & Mr. Dinesh Kumar, Advocates.

JUDGMENT :

Chandra Dhari Singh, J.

1. The instant batch of petitions has been filed on behalf of the petitioners under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter “Cr.P.C.”), seeking setting aside of order dated 5th February, 2022 passed by learned Additional Sessions Judge, Saket Courts, Delhi (hereinafter “ASJ”).

BRIEF BACKGROUND

2. As per the contents of the complaint, the brief facts of the case leading to the instant matter are that the complainant/respondent No. 2, Galaxy Datamatics Pvt. Ltd., averred that the accused No. 1, M/S Takshila Retail Pvt. Ltd., earlier known as M/s Blues Clothing Pvt. Ltd., accused No. 2, Dinesh Sehgal and accused No. 3, Harsh Sehgal, approached the respondent No. 2 for a short-term loan of Rs. 5 Crores for meeting short fall in cash flow and for immediate project requirements for implementation of various contracts.

3. A short-term loan agreement dated 9th June, 2011 was entered into by the parties and respondent No. 2 advanced the loan of Rs. 5 Crores to the accused for a period of three months at interest of 24% per annum. It was stated that the parties also agreed for execution of an irrevocable and unconditional personal guaran

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