$~102 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5139/2023 NITIN GUPTA .....Petitioner Through: Mr. Amit Bajaj, Adv. versus STATE (N.C.T. DELHI) & ANR. .....Respondents Through: Mr. Vijay Singh, Adv. for R- 2/applicant. CORAM: HON'BLE MR. JUSTICE AMIT SHARMA O R D E R % 11.08.2025 1. This hearing has been done through hybrid mode. CRL.M.A. 23479/2025(Exemption) 2. Exemption allowed, subject to all just exceptions. The application stands disposed of. CRL.M.A. 23478/2025(Clarification final order dt. 08.04.2025) 3. The present application under Section 482 of the Cr.P.C./Section 528 of the BNSS has been filed on behalf of respondent no.2/complainant seeking the following prayers:- “a) clarify the order dated 08-04.2025 to the effect that the complaint was quashed only qua Mr. Nitin Garg, and not against the proprietorship concern M/s Balaji Pharma and to allow necessary amendment in accordance with law, by including the correct name of the proprietor i.e. Gopal Goyanka; b) Pass such other or further order(s) as this Hon'ble Court may deem fit and proper in the interest of justice. AND FOR THIS ACT OF KINDNESS THE APPLICANTS AS This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/08/2025 at 11:54:02 IN DUTY BOUND SHALL EVER PRAY” 4. Vide order dated 08.04.2025, the captioned petition was disposed of with the following observations: - “3. Learned counsel appearing on behalf of the petitioner submits that the cheque in question was issued by proprietorship firm in the name of M/s Balaji Pharma and the present petitioner was neither a proprietor of the said firm nor a signatory to the said cheque. It is further submitted that no document had been filed alongwith the complaint before the learned Trial Court to show that the present petitioner was anyway connected with the said proprietorship concern i.e., M/s Balaji Pharma. It is further submitted that the present petitioner has been shown by the name of 'Mr. Nitin Garg, proprietor- M/s Balaji Pharma' in the said complaint. 4. Learned counsel appearing on behalf of respondent no.2 fairly submits that there is no document on record to show that the present petitioner was the proprietor of M/s Balaji Pharma. 5. In view of the above, the present petition is allowed and disposed of accordingly. 6. The Complaint Case no. 230312020, the summoning order dated 18.02.2020 and subsequent orders emanating from said Complaint Case stand quashed qua the present petitioner.” 5. In the aforesaid order, by way of para 6, it was made clear that the said petition was allowed qua the petitioner, i.e., Mr. Nitin Gupta, only. It was quashed on the ground that the petitioner was not the proprietor of M/s Balaji Pharma against whom respondent no.2 had filed a complaint which is still pending before the learned JMFC/Metropolitan Magistrate. 6. It is noted in the aforesaid order that the petition which was preferred on behalf of Mr. Nitin Gupta, who had been allegedly shown as proprietor of This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/08/2025 at 11:54:02 M/s Balaji Pharma, was allowed on the ground that he was not the proprietor of the said proprietorship concern at the relevant point in time. It is further clarified that in para 6, this Court has already observed that the subject complaint case is only quashed against the said petitioner, without making any further observation/comment with respect to complaint pending qua M/s Balaji Pharma. 7. In view of the above, no further clarification is required. 8. The application stands disposed of accordingly. 9. Copy of the order be sent to the concerned learned Trial Court for necessary information and compliance. AMIT SHARMA, J AUGUST 11, 2025/nk This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/08/2025 at 11:54:02