VIPIN KUMAR Vs. STATE OF DELHI & ANR.

JUDGEMENT

(1.) Instant petition under Section 482 Cr.P.C., 1973 read with Article 227 of the Constitution of India has been preferred by the petitioner-Vipin Kumar seeking quashing of the impugned order dated 26.10.2015 passed by the learned Civil Judge, South East, Saket Court, New Delhi in CC. No. 14/2013.

(2.) Brief facts as per the complaint are that the respondent No. 2- Ark Fluid System Components Pvt. Ltd. is a company duly incorporated under the Companies Act, 1956 with its registered office at F-7B, Okhla Industrial Area-I, New Delhi. The said respondent No. 2 through its Director-Ajay Kashyap filed a complaint before the Court of Learned ACMM, Saket, New Delhi under Sections 138/141 of the Negotiable Instruments Act, 1881 against the accused persons, i.e. (1) DD Global Capital Ltd., (2) Sanjay Gambhir, (3) Narender Kumar, (4) Tarun Kumar and (5) Vipin Kumar (petitioner hrein). The said DD Global Capital Ltd. is a family holding company which was previously known as DD Township Ltd. and the petitioner is the Additional Director of DD Global Capital Limited w.e.f. 01.02.2011.

(3.) It is alleged in the complaint that the Director of the respondent No. 2/complainant-Company is well know to the Sanjay Gambhir-accused No. 2 and the said accused person requested for grant of friendly loan, which request was acceded by extending loan by the respondent No. 2/complainant for an amount of Rs. 10.05 crore vide banking transactions dated 12.12.2007, 19.12.2007 and 21.01.2009 for the amount of Rs. 40 lacs, Rs. 40 lacs and Rs. 25 lacs respectively which is duly reflected in the account book of the DD Global Capital Ltd. accused No. 1. The said amount so paid as a friendly loan was agreed and promised to be refundable after one year however, the said amounts have not been repaid.