LAWS(P&H)-2025-5-192

ASHUTOSH MAHINDRU Vs. CAPRI GLOBAL CAPITAL LIMITED

Decided On May 12, 2025
Ashutosh Mahindru Appellant
V/S
Capri Global Capital Limited Respondents

JUDGEMENT

(1.) Present petition has been filed under Sec. 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') read with Sec. 582 of the Bharatiya Nagarik Suraksha Sanhita, 2024 (sic- 2023) [for short 'BNSS'] for quashing of the impugned order dtd. 25/9/2024 (P-1), passed by learned Judicial Magistrate 1st Class, Gurugram (for short 'JMIC'), whereby an application dtd. 29/8/2024 (P-6), moved by petitioner, under Sec. 101 read with Sec. 238 of the Insolvency and Bankruptcy Code, 2016 (for short 'IBC'), for stay of proceedings in Complaint No.NACT/10692/2018 (having registration dtd. 22/5/2018), titled as "M/s Capri Global Capital Limited Versus M/s Shri Krishna Tankers Pvt. Ltd. and others", under Ss. 138/141/142 of the Negotiable Instruments Act, 1881 (for short 'N.I. Act') read with Sec. 200 Cr.P.C. (as amended), was declined.

(2.) BRIEF FACTS

(3.) CONTENTIONS ON BEHALF OF THE PETITIONER