` IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (Cr.) No. 801 of 2025 ------

Rakhi Agrawal, W/o Sanjay Kumar Agrawal, R/o Plot No. 73, Oslo Society, Opposite Ambaji Temple, Sector-4, Gandhidham, P.O.

Gandhidham, P.S. Gandhidham, District Kachchh-370201 (Gujarat)

.... .... …. Petitioner Versus

1. The State of Jharkhand

2. Anup Sharma, S/o Santosh Sharma, R/o Manbad, P.O. & P.S.Jharia, District Dhanbad (Jharkhand)

.... .... .... Respondents CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY For the Petitioner : Mr. Indrajit Sinha, Advocate Mr. Rishav Kumar, Advocate Mr. Mayur Khandelwal, Advocate Ms. Gopika Kaul, Advocate For the State : Mr. Ranjan Kumar, AC to Sr. SC-I For the Resp. No.2 : Mr. Sumeet Gadodia, Advocate Mrs. Shilpi Sandil, Advocate Mr. Prakhar Harit, Advocate Ms. Nidhi Lall, Advocate ------

Order No.04 / Dated : 20.01.2026

1. Heard, learned counsel for the parties.

2. The instant Writ Petition (Cr.) has been filed for issuance of Writ in the nature of Certiorari for quashing the entire criminal proceedings in connection with First Information Report being Bankmore (Dhanbad) P.S. Case No.280 of 2025 dated 07.11.2025 (Annexure-1) registered for the offence punishable under Sections 316(5), 318(2), 338, 336(3), 340(2) &

3 (5) of the B.N.S, 2023 against the Petitioner.

3. Petitioner is the non-executive woman Director of Vimla Fuels & Metals Private Limited, whereas her husband is the Director of the said company.

4. The gravamen of allegation, as disclosed in the FIR, is that Vimla Fuels and Metals Private Limited and Vimala Met Coke Limited contracted a loan of Rs.5.85 Crores from the informant-company on executing one memorandum of understanding dated 30.09.2024 with Narayan Coke Private Limited (second party). The original title deeds were mortgaged by the first party which included the following properties as detailed in Para-2 of the Memorandum of Understanding: -

Sr. Address of the Property Current Owner Registered Deed Details

1. Office No.113, 1^st Floor, Sanjay Kumar 2201/ 12.03.2021 Rishabh Arcade, Plot No.83, Agrawal Sector-8, Gandhidham-

370201

2. Survey No.525 Vimla Metcoke 3579/17.11.2021 Village- Shikra, Ltd.

Taluka : Bhachau-370140

3. Survey No.361, Vimla Fuels & 2794/05.06.2023 Village : Lunva, Metals Pvt. Ltd.

Taluka : Bhachau-370140

4. Survey No.362/P2, Vimla Fuels & 2796/05.06.2023 Village Lunva, Metals Pvt. Ltd.

Taluka : Bhachau-370140

5. The allegation against the first party is two folds.

Firstly, loan was taken by mortgage of property as detailed in Column-2 although the same had been transferred by Vimla Metal Coke Limited on

07.11.2023 in favour of the present petitioner.

Secondly, the properties as detailed in Column Nos.3 and 4 of Vimla Fuels and Metals Private Limited is being claimed by erstwhile owners for having been transferred to the company without any consideration amount.

ARGUMENT OF PETITIONER

6. It is argued by learned counsel for the petitioner that she being non-

executive woman Director had not executed the said memorandum of understanding and was not directly involved in the negotiation leading to the execution of memorandum of understanding, therefore, she cannot be held liable for the same.

7. It is further argued that Hon’ble the Supreme Court in (2022) 10 SCC 152 [Sunita Palita and Ors. Vs. Panchami Stone Quarry] has held that liability depends on the role one plays in the affairs of one company and not on the designation or status alone as held by the Apex Court in S. M. S. Pharmaceuticals Ltd. vs. Neeta Bhalla [(2005) 8 SCC 89]. In the said case, the Apex Court held that the appellant being non-executive Director of the company was not involved in the day-to-day affairs of the company, therefore, the proceeding under Section 138 of the N. I. Act was dropped.

8. It is argued that even if, it is assumed that the consideration amount has not been received by the sellers with respect to the property(s), as detailed in Column -3 & 4, it was incumbent on the part of the said sellers to have instituted a