IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 29^TH DAY OF MARCH, 2021

BEFORE

THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR

CRIMINAL PETITION NO.547 OF 2021

BETWEEN:

MR.RUBIN PARESH CHHEDA,

S/O. MR. PARESH KHETSHI CHHED,

601-602, GURUKRUPA BUILDING,

PLOT NO. 66,HINDU COLONY NO. 1,

DADAR EAST, MUMBAI 400014,

MAHARASHTRA. ...PETITIONER

(BY SRI PANKAJ SHARMA, ADVOCATE)

AND:

1. OSWAL MINERALS LIMITED,

CORP. OFFICE AT OSWAL,

S.NO. 1034, 2ND FLOOR,

DR. RAJ KUMAR ROAD, 1ST MAIN,

4TH BLOCK, RAJAJINAGAR,

BANGALORE-560010

REP BY ITS AUTHORISED SIGNATORY,

MR K ANAND KUMAR.

2. HEMA ENGINEERING INDUSTRIES LTD.,

SACHIDANAND FARM HOUSE,

KISHANGARH VILLAGE,

OPP SWIMMING POOL,

DDA SPORT COMPLEX,

LANE GREEN AVENUE VASANT KUNJ,

2

NEW DELHI-110070

REP BY ITS MANAGING DIRECTOR

MR. CHANDRESH JAJOO,

ALSO AT:

6TH FLOOR, THE PALM SQUARE,

EMAAR MGF GOLF COURSE,

EXTENSION ROAD,SECTOR-66

GURGAON-122102, HARYANA

ALSO AT:

69 K M DELHI JAIPUR,

HIGHWAY DHARUHRERA,

REWARI-122106

HARYANA.

3. MR CHANDRESH JAJOO

AGED 51 YEARS.

MANAGING DIRECTOR,

HEMA ENGINEERING INDUSTRIES LTD.,

917A, ARALIAS, GOLF COUNTRY CLUB,

DLF PHASE-5, GURGAON-120022,

HARYANA.

4. MR K K JAJOO,

AGED 77 YEARS,

CHAIRMAN,

HEMA ENGINEERING INDUSTRIES LTD.,

6TH FLOOR, THE PALM SQUARE,

EMAAR MGF GOLF COURSE

EXTENSION ROAD, SECTOR-66,

GURGAON-122 102,

HARYANA.

5. MR. NARESH SHARMA,

AGED ABOUT 53 YEARS,

AUTHORISED SIGNATORY

HEMA ENGINEERING INDUSTRIES LTD.,

6TH FLOOR, THE PALM SQUARE,

EMAAR MGF GOLF COURSE

3

EXTENSION ROAD, SECTOR-66,

GURGAON-122 102,

HARYANA.

6. MR. SANJAY WADHWA,

AGED ABOUT 48 YEARS,

AVP FINANCE,

HEMA ENGINEERING INDUSTRIES LTD.,

6TH FLOOR, THE PALM SQUARE,

EMAAR MGF GOLF COURSE

EXTENSION ROAD, SECTOR-66,

GURGAON-122 102,

HARYANA.

7. MS. MONICA JAJOO,

AGED ABOUT 50 YEARS,

DIRECTOR,

HEMA ENGINEERING INDUSTRIES LTD.,.

917A, ARALIAS, GOLF COUNTRY CLUB,

DLF PHASE-5, GURGAON-122 002,

HARYANA.

8. MR. KARTIKAY SAINI,

AGED ABOUT 53 YEARS,

DIRECTOR,

HEMA ENGINEERING INDUSTRIES LTD.,.

CL-01, CLUB LANE, MALIBU TOWNE,

SOHNA ROAD,

NEAR PARK HOSPITAL,

GURGAON-122 001,

HARYANA.

9. SHIKHAR BAGARIA,

AGED ABOUT 39 YEARS,

DIRECTOR,

HEMA ENGINEERING INDUSTRIES LTD.,

A-4, FIRST FLOOR, NARAINA VIHAR,

NEW DELHI-110 028.

4

10. RAMAN SAWHNEY,

AGED ABOUT 70 YEARS,

CFO,

HEMA ENGINEERING INDUSTRIES LTD.,

8/40, PUNJABI BAGH,

NEW DELHI-110 026.

11. MR. ADARSH KUMAR YADAV,

AGED ABOUT 51 YEARS,

CEO AND WHOLE-TIME DIRECTOR,

HEMA ENGINEERING INDUSTRIES LTD.,

HOUSE NO.437, SECTOR-7,

URBAN ESTATE,

GURGAON-122 001,

HARYANA.

12. MS. SANGEETA KUMAR,

AGED ABOUT 49 YEARS,

DIRECTOR,

HEMA ENGINEERING INDUSTRIES LTD.,

E-6/1, FIRST FLOOR, DLF PHASE-1,

OPP. MALIK HOSPITAL, GURGAON,

SIKANDARPUR, GHOSI,

GURGAON-122 002,

HARYANA.

13. SURESH KUMAR,

AGED ABOUT 48 YEARS,

COMPANY SECRETARY,

HEMA ENGINEERING INDUSTRIES LTD.,

FLAT NO.79, MEGHDOOT APARTMENTS,

SECTOR-10A, GURGAON,

HARYANA-122 001. &RESPONDENTS

(BY R1 SERVED, UNREPRESENTED

V/O/D 19.02.2021 NOTICE TO R2 AND R3

ARE D/W )

****

5

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482

CR.P.C PRAYING TO QUASHING THE IMPUGNED ORDER DATED

11.09.2020 AND THE COMPLAINT BEARING C.C.NO.11430/2020

FOR THE OFFENCE P/U/S 138 OF N.I.ACT AGAINST THE

PETITIONER PENDING BEFORE THE LEARNED XXVII ACMM,

BANGALORE.

THIS PETITION COMING ON FOR ORDERS THIS DAY, THE

COURT MADE THE FOLLOWING THROUGH PHYSICAL HEARING:

ORDER

Learned counsel for the petitioner has filed a memo, wherein

it is stated that in view of the settlement between the parties, the

respondent-complainant has withdrawn the private complaint filed

under Section 138 of N.I.Act before the trial Court. Hence, the

present petition does not survive for consideration.

2.

In view of the submission of learned counsel for the

petitioner, memo is placed on recor