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2023 Supreme(Online)(DEL) 6321

HIGH COURT OF DELHI
M/S DIAT AGRO HOLDING PVT. LTD. – Appellant
Versus
VIJAY KUMAR SALUJA AND ANR – Respondent


J U D G M E N T

DINESH KUMAR SHARMA, J. (Oral)

1. Present petition has been filed under section 482 CrPC seeking to set aside the order of the Ld. ASJ, THC, dated 07.07.2022 passed in Crl. Rev Pet No. 286/2022 titled Whitefield Overseas Ltd. vs. M/S Diat Agro Holdings Pvt. Ltd., whereby, the Ld. Court partially allowed the revision petition filed by the respondents herein and set aside the order of the Ld. MM to the extent of summoning the present respondents for the alleged offence under section 138 NIA. The petitioner thus seeks to restore the summoning order dated 28.01.2022 passed in CC No. 2352/2021 vide which the respondents along with others were summoned for the offence alleged under section 138 NIA.

2. Petitioner company is engaged in the sale, purchase, import and export of rice and is stated to have been supplying consignments of rice to Whitefield Overseas Ltd (hereinafter referred to as accused company of which the respondents were directors) since 2013-14, as and when demanded. These consignments were usually delivered at the warehouse of the accused company and were received by the accused company’s warehouse In-charge after doing quality checks. For these, due conside

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