INDIAN BANK vs MOHAN MURTI SHANDILYA

Judgment text excerpt

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 15.12.2025 Judgment delivered on:09.02.2026 + CRL.M.C. 266/2009 & CRL.M.A. 22687/2022 INDIAN BANK .....Petitioner versus MOHAN MURTI SHANDILYA .....Respondent Advocates who appeared in this case: For the Applicant : Mr. Ayush Choudhary, Adv. (through VC) For the Respondent : Ms. Ananya Bhattacharya, Ms. Prerna Jain and Ms. Rubeka Daniel, Advs. CORAM HON’BLE MR JUSTICE AMIT MAHAJAN JUDGMENT 1. The present petition is filed under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of the criminal complaint under Section 340 of the Code of Criminal Procedure, 1973 (‘CrPC’) read with Sections 405/409/219/420/467/471/477-A/34/120B of the Indian Penal Code, 1860 (‘IPC’) read with Section 29 of the Securitisation and Reconstruction of Financial Assets and Enforcement Signature Not Verified Signed By:DEEPANSHU Signing Date:09.02.2026 CRL.M.C. 266/2009 Page 1 of 22 21:55:01 of Security Interest Act, 2002 (‘SARFAESI Act’) filed by the respondent and pending before the learned Magistrate, Tis Hazari Courts, Delhi in CC No. 820/2006. 2. The brief facts of the case are as follows: i. It is alleged that the petitioner bank and certain employees conspired to cheat the respondent by dishonestly misappropriating movable and immovable properties of the complainant and thus hatched a conspiracy to falsely implicate the respondent and three companies of the respondent, namely, M/s Gambro Nexim (India) Medical Ltd., Nexim Export Pvt. Ltd. and Rexima Export Pvt. Ltd., before the learned Debt Recovery Tribunal-II, New Delhi. ii. It is alleged that the petitioner bank, in the year 1996, instituted three Original Applications before the learned Debt Recovery Tribunal-II, New Delhi against the Companies of the respo