M/S KUSHAL INFRAPROJECT INDUSTRIES INDIA LTD. vs M/S. R.L. VARMA & SONS (HUF) & ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Pronounced on: 28th June, 2025 + CRL.APPEAL 657/2025 M/S Kushal InfraProject Industries India Ltd OFFICE AT 209, SECOND FLOOR, 16-A, UDAY PLAZA UDAY PARK, NEW DELHI - 110049 .....Appellant Through: Mr. Rajat Wadhwa, Mr. Pratham Sharma, Mr. Gurpreet Singh, Ms. Anisha Rastogi, Mr. Manish Kumar & Mr. Harender Singh, Advocates versus 1. M/S. R.L. Varma & Sons (HUF) A-123, New Friends Colony 2. Sh. R.L.Varma M/S R.L.Varma & Sons (HUF) A -123 New Friends Colony 3. Dhruv Varma M/S R.L. Varma & Sons (HUF) A-123, New Friends Colony 4. Ms. Aruna Varma M/S R.L. Varma & Sons (HUF) A-123, New Friends Colony .....Respondents Through: Respondent No. 2 in person CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA Signature Not Verified Signed By:RITA CRL.A.657/2025 Page 1 of 20 SHARMA Signing Date:30.06.2025 18:23:40 J U D G M E N T NEENA BANSAL KRISHNA, J. 1. Criminal Appeal under Section 378 (4) Cr.P.C. has been filed by the Complainant M/s. Kushal Infra Project Industries Pvt. Ltd. to challenge the judgment dated 23.02.2019 by which the Learned MM has dismissed his Criminal Complaint under Section 138 and 141 read with Section 142 Negotiable Instruments Act. 2. It is submitted that the Complainant Company incorporated under the Companies Act is dealing business of Real Estate and Kuhsal Rana, Director of the Company, has been duly authorized to institute the Complaint under S 138 NI Act, vide Minutes of the Meeting dated 10.01.2011. 3. The Complainant asserted that in November, 2008 the Accused no.1 who is a Hindu Undivided Family (HUF) of which the Respondents no.2 to 4 are the members, agreed to sell their House bearing no.8-1/23, New Friends Colony, New Delhi and property at 4th Floor, Gopal Das Tower, Connaught Place, New Delhi, vide a wri