2022 (8) TMI 1005

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....rties. 2. The petitioners in the main petition have challenged the order on charge dated 03.10.2019, passed by learned ASJ Tis Hazari, Court, New Delhi, in Criminal Case No.33/16; and during the pendency of the main petition, have prayed for stay of the proceedings in the aforesaid criminal complaint by way of filing instant application. 3. Shri Mukul Gupta, learned senior counsel assisted by Shri Vibhor Garg and Shri Sumit Kumar Mishra, Advocates, appearing on behalf of the petitioners submitted that the petitioners have a strong case on merits and therefore, if further proceedings of the complaint case are not stayed, the petitioners would suffer irreparably. According to him, the trial court has failed to appreciate that the petiti....

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.... of India (2008) SCC OnLine Del 129. While reading paragraph 9 thereof, it is submitted that the question as to whether, a person concerned was in charge and was responsible to the company for the conduct of its business, has to be considered first, before the cognizance is taken. According to him, such a question cannot be left to be examined only by the trial court, when it can be easily verified by a mere inspection of the record of the Registrar of Companies. He therefore, submitted that in the aforesaid case, this court interfered with the order of summoning and quashed the complaint in question. 5. Shri Neeraj Malhotra, learned senior counsel assisted by Shri Ashish Aggarwal, Advocate, appearing on behalf of the respondent, on the ....

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....pal. He, however, submits that in any case the same would be considered at the time of the final hearing. He also submits that no prejudice would be caused to other side if the trial continues during the pendency of the instant petition. 6. I have considered the submissions made by the learned counsel appearing for the parties and perused the record. 7. A perusal of the proceedings of this court show that on 27.11.2019, this court directed for issuance of notice which was accepted by learned counsel appearing on behalf of the respondent and the matter was directed to be re-notified on 03.02.2020. However, in the meantime, it was directed that the trial court shall fix a date after the date is fixed in the present petition. On 29.11.20....