Heera Lal Agarwal Son Of Late Shri ... vs State Of Rajasthan
2021 Latest Caselaw 7602 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous (Petition) No. 6880/2021

Heera Lal Agarwal Son Of Late Shri Roshan Lal Agarwal,
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan
                                                                ----Respondent

For Petitioner(s) : Mr. Sushil Daga Mr. Siddharth Bapna Mr. Chitransh Mathur For Respondent(s) : Mr. F.R. Meena, PP

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

14/12/2021

Defect(s) pointed out by the Registry are waived.

Counsel for the petitioner submits that petitioner has been

appointed as General Manager (Project) by the official liquidator of

Pratibha Industries Limited. Counsel further submits that as per

Section 233 of the Insolvency and Bankruptcy Code, 2016, the

petitioner is having protection of action taken in good faith.

Counsel further submits that as per the F.I.R. allegation against

the petitioner is non-payment of Rs. 1,22,81,560/- to the

complainant. Counsel further submits that during pendency of the

proceedings, the petitioner has already paid the said amount to

the complainant.

Counsel relied upon the judgment passed by the Hon'ble

Supreme Court in the matter of Jaypee Kensington Boulevard

Appartments Welfare Association & Ors. Vs. NBCC (India)

Ltd & Ors. (Civil Appeal No. 3395/2020).

(2 of 2) [CRLMP-6880/2021]

In that view of the matter, issue notice to the respondent(s),

returnable by six weeks.

Meanwhile, further proceedings in pursuance to F.I.R. No.

110/2021 shall remain stayed and the petitioner shall not be

arrested.

List along with S.B. Criminal Misc. Petition No. 6879/2021.

(INDERJEET SINGH),J

CHETNA BEHRANI /3

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