SRK DEVBUILD PVT LTD THROUGH ITS LIQUIDATOR MR. RAVI KAPOOR vs GOVERNMENT OF NCT OF DELHI & ANR.

Judgment text excerpt

$~J- * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 26th February 2026 + CRL.M.C. 5337/2024, CRL.M.A. 20405/2024 SRK DEVBUILD PVT LTD THROUGH ITS LIQUIDATOR MR. RAVI KAPOOR .....Petitioner Through: Mr. Chandra Shekhar Yadav and Mr. Astitva Srivastava, Advocates. versus GOVERNMENT OF NCT OF DELHI & ANR .....Respondents Through: Mr. Shaswat Awasthi, Adv.for R2. HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI J U D G M E N T ANUP JAIRAM BHAMBHANI J. By way of the present petition filed under section 482 of the Code of Criminal Procedure 1973 („Cr.P.C.‟), the petitioner seeks quashing of summoning order dated 23.08.2018 passed by the learned Metropolitan Magistrate-01, Patiala House Courts, New Delhi in case bearing CC NI Act No. 12918/2018 in proceedings under section 138 of the Negotiable Instruments Act, 1881 („NI Act‟). The petitioner also challenges order dated 07.06.2023 passed in the same proceedings, whereby the learned Magistrate has dismissed an application filed by the Official Liquidator of the petitioner-company seeking stay of proceedings. Signature Not Verified Signed By:DIVYA SHARMA Signing CRL.M.C. 5337/2024 Page 1 of 14 Date:26.02.2026 15:04 2. Notice on this petition was issued vidé order dated 15.07.2024 and proceedings in case bearing CC No. 12918/2018 were stayed qua the petitioner. Written Submissions dated 05.05.2025 and 06.05.2025 have been filed respectively on behalf of the petitioner and respondent No.2. 3. The court has heard Mr. Chandra Shekhar Yadav and Mr. Astitva Srivastava, learned counsel appearing for the petitioner; and Mr. Shashwat Awasthi, learned counsel appearing for respondent No.2, who is the contesting respondent in the matter. Considering the nature of the case, the State has no role in the matter. SUBMISSIONS ON BEHALF OF