Sh. Gian Chand & Ors. vs The State Of Nct Of Delhi & Anr.

ik-185671997 Delhi High Court 10 December 2024 • 14 min read

Judges (1)

Counsel (7)

Amol Sinha Counsel Respondent Anuja Negi Counsel Petitioner Ashvini Kumar Counsel Respondent Bhawana Counsel Petitioner Chavi Lazarus Counsel Respondent Kshitiz Garg Counsel Respondent V.P. Rana Counsel Petitioner

Parties (3)

J.V. Mercantile Pvt. Ltd Petitioner State of NCT of Delhi Respondent Gian Chand Petitioner

Case Significance

Sh. Gian Chand & Ors. vs The State Of Nct Of Delhi & Anr. is a Delhi High Court decision dated December 10, 2024 (citation: ik-185671997). The petitioners sought quashing of an FIR under Section 420 IPC registered in 2023 based on allegations of fraudulent sale of a Safdarjung Enclave property that was under a bank mortgage, where the complainant claimed to have redeemed the property by repaying the loan. The court found that the DRT orders had been flouted by the accused company and the complainant's rights had been taken away, and the factual disputes could not be decided at this stage. The petition was dismissed with liberty The case was heard by Justice Subramonium Prasad.

Summary

The petitioners sought quashing of an FIR under Section 420 IPC registered in 2023 based on allegations of fraudulent sale of a Safdarjung Enclave property that was under a bank mortgage, where the complainant claimed to have redeemed the property by repaying the loan. The court found that the DRT orders had been flouted by the accused company and the complainant's rights had been taken away, and the factual disputes could not be decided at this stage. The petition was dismissed with liberty to the petitioners to raise their contentions at the stage of framing of charges after investigation.

What was the outcome of Sh. Gian Chand & Ors. vs The State Of Nct Of Delhi & Anr.?

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (ik-185671997)