R. N. Malhotra v. Bhupesh Kumar Jain & Ors.

Delhi High Court · 08 Apr 2010 · 2010:DHC:8038
P. K. Bhasin
CRL.M.C. 1094/2010
2010:DHC:8038
criminal petition_dismissed

AI Summary

The High Court dismissed the petition as withdrawn, holding that legal proceedings under Section 138 of the Negotiable Instruments Act cannot continue against a company and its directors once the company is under liquidation with an official liquidator appointed under Section 446 of the Companies Act.

Full Text
Translation output
'5/4 HIGH COURT OF DELHI
CRL.M.C. 1094/2010
RNMALHOTRA .....Petitioner
Through: Mr. Nagendra Rai, Sr. Advocate with Mr. Praveen Kumar, Advocate
VERSUS
BHUPESH KUMAR JAIN &ORS Respondents
Through: None
CORAM:
HON'BLE MR. JUSTICE P.K. BHASIN
ORDER o/o 08.04.2010 rRL.M.A.3873/2010 Exemption as prayed for is granted subject to all just exceptions. The application stands disposed of. n^T.M.C. 1094/2010
Counsel for the petitioner says that the respondent no. 2 Company ot which the petitioner was one ofthe Directors is under liquidation and an official liquidator already stands appointed. The consequence of which is tliat no legal proceedings can contmue against the Company and its Directors including the present petitioner under Section 138 of the Negotiable Instruments Act as provided under Section 446 ofthe Companies Act. Counsel, however, says that the petitioner intends moving an appropriate apphcation beforethe trial Courtand therefore, this petition may be allowed to be withdrawn with liberty to approach the Court again ifthe Magistrate does not accept the request ofthe petitioner for stay of the proceedings.
This petition is accordingly dismissed as withdrawn^dthe liberty prayed for is granted.
Dasti.
P.K. BHAS1N,J/ APRIL 08, 2010 2010:DHC:8038
JUDGMENT