VED PRAKASH SRIVASTAVA PROPRIETOR OF SHIVANI ASSOCIATES v. STATE GOVT OF NCT OF DELHI AND ORS
CRL.M.C./8641/2025 · 2025-12-04
Neena Bansal Krishna
body2025
DailyLaw.ai
[ 2025 DAILYLAW 50993 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 50993 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
$~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8641/2025, CRL.M.A. 36106/2025
VED PRAKASH SRIVASTAVA PROPRIETOR OF SHIVANI ASSOCIATES
.....Petitioner Through: Ms. Kanika Bhardwaj and Ms. Nargis, Advocates
versus
STATE GOVT OF NCT OF DELHI AND ORS .....Respondents Through: Mr. Utkarsh, APP for the State with SI Akshay Dagar PS Shaheen Bagh Mr. Syed Hussain Adil Taqvi, SPC with Ms. Vaishnavi Gaur and Mr. Waseem, Advocates for R-2 & 3
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
O R D E R %
04.12.2025 CRL.M.A. 36107/2025
1. Allowed, subject to all just exceptions.
2. The Application is disposed of.
CRL.M.C. 8641/2025 & CRL.M.A. 36106/2025
3. Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed for quashing of Cyber Complaint No. 20809250069908 registered at P.S. Shaheen Bagh, through National Cyber Online Portal and the proceedings arising therefrom.
4. It is claimed by the Petitioner that the Petitioner was in a business relationship with the Respondent No. 2 and 3 and got executing a project for them. A false Complaint alleging cyber fraud by the Petitioner has been 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 06/12/2025 at 12:22:50
made.
5. From the bare perusal of the averments made in the Complaint, it is evident that it is not a cyber fraud but in fact is a commercial dispute for which the Complainant can file a suit for recovery. Furthermore, the amount of Rs.10 lacs which is claimed by the Complainant, has in fact, paid under the genuine invoiced.
6. There is no prima facie case made out.
7. The learned APP for the State submits that it is only a Complaint and no FIR till date has been received. It is when neither any Notice has been given to the Petitioner or any other coercive action has been taken, the Petition is premature.
8.
Learned Counsel for the Complainant has also vehemently contested the Petition.
Submissions heard.
9. Considering that it is only a Complaint on which the FIR has also not been registered, the Petition alongwith pending Application is disposed of as being premature.
NEENA BANSAL KRISHNA, J DECEMBER 4, 2025 N
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 06/12/2025 at 12:22:50