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2022 Supreme(Del) 1205

ANU MALHOTRA
Ashwani Chawla – Appellant
Versus
State And Another – Respondent


Advocates appeared:
Mr. Chandan Bhatia, Advocate, for the Petitioner; Mr. Izhar Ahmad, AP, for the State No. 2; Mr. B.N. Jha, Advocate, for the Respondent

JUDGMENT

Anu Malhotra, J. - The matter has been reserved for orders vide order dated 12.07.2022.

2. The petitioner vide the present petition has sought the quashing of the summoning order dated 15.10.2014 of the Court of the learned ACMM East KKD in Complaint Case No.9168/2019 filed by the respondent No.2 against the petitioner with the avowed contention of the petitioner that the accused company M/s Catmoss Retail Private Limited arrayed as accused No.1 in the Complaint Case No.9168/2019 of which the petitioner herein was the Director arrayed as accused No.2 to the complaint had gone into liquidation, in as much as, vide order dated 28.02.2013 in Co.Pet. 36/2013 titled Small Industries Development Bank vs. Catmoss Retail Pvt. Ltd., this Court had ordered for the winding up of the company and the Official Liquidator was appointed and all assets, offices and bank accounts were taken over by the Official Liquidator, and that the dishonored cheque bearing No. 206731 dated 30.06.2013 for an amount of Rs.8,00,000 is dated subsequent to the order of appointment of the Official Liquidator which is of the date 28.02.2013.

3. Reliance was placed on behalf of the petitioner on the verdict of

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