ASHWANI CHAWLA Vs. STATE

JUDGEMENT

(1.) The matter has been reserved for orders vide order dtd. 12/7/2022.

(2.) The petitioner vide the present petition has sought the quashing of the summoning order dtd. 15/10/2014 of the Court of the learned ACMM East KKD in Complaint Case No.9168/2019 filed by the respondent No.2 against the petitioner with the avowed contention of the petitioner that the accused company M/s Catmoss Retail Private Limited arrayed as accused No.1 in the Complaint Case No.9168/2019 of which the petitioner herein was the Director arrayed as accusedNo.2 to the complaint had gone into liquidation, in as much as, vide order dtd. 28/2/2013 in Co.Pet. 36/2013 titled Small Industries Development Bank vs. Catmoss Retail Pvt. Ltd., this Court had ordered for the winding up of the company and the Official Liquidator was appointed and all assets, offices and bank accounts were taken over by the Official Liquidator, and that the dishonored cheque bearing No. 206731 dtd. 30/6/2013 for an amount of Rs.8,00,000.00.00 is dated subsequent to the order of appointment of the Official Liquidator which is of the date 28/2/2013.

(3.) Reliance was placed on behalf of the petitioner on the verdict of this Court in M.L. Gupta and Anr. vs. Ceat Financial Services Ltd. 2006 SCC OnLine Del 1448 with observations in para 21 thereof which read to the effect:-