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2023 Supreme(Del) 755

YOGESH KHANNA
Dbs Bank India Limited – Appellant
Versus
State of NCT of Delhi – Respondent


Advocates appeared:
Mr. Jayant Bhushan, Senior Advocate with Mr.Arshdeep Singh Khurana, Mr.Amit Jajoo, Ms.Sushmita Gandhi, Mr.Bhargav Kosuru, Mr. Harsh Srivastava and Mr. Amartya Bhushan, Advocates, for the Petitioner.
Mr. Mukesh Kumar APP, for the State with ACP Manoj Kumar, PS EOW.
Mr. Mohit Mathur, Senior Advocate with Mr. Sandeep Das, Mr.Lakshya Dheer and Mr.Harsh Gautam, Advocates, for the Respondent-2.

JUDGMENT

Yogesh Khanna, J. This petition has been filed seeking quashing of the supplementary chargesheet dated 12.02.2021, summoning order dated 16.02.2021 arising out of FIR No.189/2019 registered by EOW, Mandir Marg under Section 409/120B IPC and the consequential proceedings arising therefrom.

2. The petitioner is a banking company incorporated under the Companies Act, 2013 having its registered office at Connaught Place, New Delhi, a wholly owned subsidiary of foreign entity i.e., DBS Singapore Limited. The Government of India on 25.11.2020, while exercising its powers under Section 45 of the Banking Regulations Act, 1949 directed non-voluntary amalgamation of the petitioner with erstwhile Laxmi Villas Bank (LVB) owing to the precarious financial condition of LVB, in order to safeguard the interests of the customers, depositors, creditors, employees of LVB. The respondent no.1 registered an FIR No.189/2019 on 23.09.2019 at the behest of the complainant/respondent no.2 under Section 409/120B IPC pertaining to misappropriation of certain fixed deposits, deposited with the erstwhile LVB as security against short term loans availed by the group companies of the respondent no.2, RH

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