KAMAL LUTHRA Vs. SERIOUS FRAUD INVESTIGATION OFFICE

JUDGEMENT

(1.) Vide this order, I shall dispose of Writ Petition filed under article 226 of the constitution of India read with Section 482 of the Cr.P.C. for quashing of the order Dated 14.10.2019 and 11.11.2019 passed by Ms. Neelam Singh, Ld. ASJ-03 cum special Judge(Companies Act), South West District, Dwarka Courts in Criminal complaint no. 770/2019 directing issuance of NBW issued against the petitioner.

(2.) Ld. Counsel for the petitioner has prayed for quashing of the order dated 14.10.2019 and 11.11.2019 on the ground that petitioner was unaware about the said criminal case and the summons previously issued by the Ld. Trial court for 14.10.2019 remained unserved as per the report of the process server. The petitioner was intimated about the pendency of the complaint and issuance of summons for 14.10.2019 by one of the co-accused and on becoming aware about the same, the petitioner through counsel inspected the court records pertaining to the compliant and immediately filed two applications viz an application for cancellation of NBWs and another application under section 438 Cr.P.C. seeking anticipatory bail on 07.11.2019. Ld. Trial court without considering the said applications passed the impugned order dated 11.11.2019 directing that NBW issued vide order dated 14.10.2019 becomes operative.

(3.) It is further submitted that in connection with the same complaint, this Hon'ble Court has already granted protection to co- accused Shri Brij Bhushan Singhal (A-158) in bail petition No. 2454/2019 vide order dated 10.10.2019 and petitioner is on a better footing than the above mentioned co-accused as he is not even alleged to be involved in the affairs of any of the companies under investigation.