Gagandeep Singh Swani vs Ankita Gupta
2024 Latest Caselaw 18992 P&H

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.
                                              ****

                     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

authenticity of this order/judgment High Court, Sector 1, Chandigarh

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.








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