Punjab-Haryana High Court
Gagandeep Singh Swani vs Ankita Gupta on 28 October, 2024
Author: Anoop Chitkara
Bench: Anoop Chitkara
CRM-M No. 53864 of 2024
129 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M No. 53864 of 2024
Date of Decision: 28.10.2024
Gagandeep Singh Swani ...Pe oner
Versus
Ankita Gupta ...Respondents
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present: Mr. Manish Jain, Advocate
Mr. Siddhant Jain, and
Mr. Manan Jain, Advocate
for the pe oner.
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ANOOP CHITKARA, J.
1. Aggrieved by order dated 08.04.2024 passed by JMIC, Ludhiana, the pe oner who was Managing Director of the Company namely Swani Motors Services Private Limited has come up before this Court.
2. Counsel for the pe oner has drawn a en on of this Court to an irregularity in the order dated 08.04.2024. Counsel submits that it is not irregularity but it is an illegality because company has not been summoned. Once the Company has not been prosecuted, then Directors cannot be prosecuted and punished because it is the Company who was the main violator. Although Company cannot be sentenced to imprisonment but the company can be sentenced to fine and the law is well se led.
3. I have perused the impugned order dated 08.04.2024. On the face of it, no cognizance was taken against accused No.1 and cognizance was taken only against respondents No.2 and 3.
4. Given above, there is no need even to issue no ce to the complainant because an irregularity has to be corrected at this stage which would be in the interest of the complainant.
5. In the en rety of facts and circumstances, impugned order dated 08.04.2024 is quashed and set aside. Since this Court has quashed the order of Jyoti Sharma 2024.10.29 17:08 1 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh CRM-M No. 53864 of 2024 cognizance itself, as such there is no necessity for the pe oner to remain present in Court. Trial Court to apply its mind afresh qua taking of cognizance in accordance with law. All pending applica ons, if any also stands disposed.
(ANOOP CHITKARA)
JUDGE
28.10.2024
Jyo Sharma
Whether speaking/reasoned: Yes
Whether reportable: No.
Jyoti Sharma
2024.10.29 17:08
2
I attest to the accuracy and
authenticity of this order/judgment
High Court, Sector 1, Chandigarh