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2022 Supreme(Del) 698

SUBRAMONIUM PRASAD
IN THE MATTER OF: Gopala Krishna Mootha – Appellant
Versus
State Govt Of NCT Of Delhi – Respondent


Advocate Appeared:
For the Appellant :Mr. Neeraj Malhotra, Mr. Shiv Gupta, Ms. Devahuti Tamuli, Advocates
For the Respondent:Ms. Neelam Sharma, Ms. Kamlesh Mahajan, Advocate

JUDGMENT :

SUBRAMONIUM PRASAD, J.

1. The petitioner seeks quashing of Criminal Complaint No.5799/2020 titled as Chetan Sharma v. India Ahead News Pvt. Ltd. & Ors. which is a complaint filed under Section 138 of the Negotiable Instruments Act (in short 'NI Act'). The petitioner also seeks to quash order dated 03.02.2021 passed by the learned Trial Court issuing summons to the petitioner herein.

2. The respondent No.2 herein filed a complaint under Section 138 read with Section 142 of the NI Act before the Court of learned Metropolitan Magistrate, Saket Court with the following averments.

    i. The respondent No.2/complainant was appointed as the CFO of the India Ahead News Private Ltd. which is engaged in the business of running a TV news channel.

ii. It is alleged in the complaint that the petitioner herein and the accused No.2 - Goutham Mootha, who is the son of the petitioner herein, are the directors of India Ahead News Pvt. Ltd. and they are responsible for the day to day affairs of the company and they are running the TV channel and actively controlling all the operations of the company.

iii. It is stated in the complaint that the complainant was taken in service by the respondent No.1

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