# In the matter of Jayashree Mohan
Vs.
State Represented by,
 Joint Director and Head of Zone,
 Central Bureau of Investigation & Ors. Crl.O.P.No.3564 of 2022

> HC judgment dated 2022-04-20. Citation: TCN-2022-HC-00053. This Criminal Original Petition was filed seeking a direction to the first respondent to register a…

- **Court:** HC
- **Order date:** 20 Apr 2022
- **Citation:** TCN-2022-HC-00053
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-new-delhi/jayashree-mohan-vs-state-represented-by-joint-director-and-head-of-zone-central-9a7563b0

## Summary

### Background

This Criminal Original Petition was filed seeking a direction to the first respondent to register a complaint filed by the petitioner on 24.12.2021 against the third respondent for committing various offences under the Indian Penal Code. The petitioner alleged that the third respondent, while acting as a Resolution Professional for RA-Ni Precast Pvt Ltd, committed irregularities such as not accepting no-due certificates from banks, receiving pecuniary advantages, and selling stock materials at a low price. The petitioner also claimed that the third respondent did not produce documents related to the sale of scrap materials when requested.

## Facts

Jayashree Mohan filed a Criminal Original Petition seeking a direction to register a complaint against the third respondent for offences under the Indian Penal Code. The petitioner alleged that the third respondent, while acting as a Resolution Professional for RA-Ni Precast Pvt Ltd, committed irregularities. These included not accepting no-due certificates from Deuctche Bank and HDFC Bank despite the banks issuing them, receiving pecuniary advantages from stakeholders for settling their amounts, and selling stock materials and containers worth Rs.90,00,000 for Rs.17,00,000. The petitioner claimed that the third respondent did not produce documents related to the sale of scrap materials. The first respondent, represented by the Special Public Prosecutor, stated that

…

## Issues and analysis

### Issue 1: Whether a criminal complaint should be registered against the third respondent based on the …

**Ratio:** A criminal complaint should only be registered

…

**Reasoning:** The court considered the materials produced and the submissions of the parties and found

…

**Interpretation:** The court interpreted the evidence and arguments presented to determine if

…

**Application:** Based on the facts presented, the court determined that the petitioner's

…

## Parties

- **Judges:** G.CHANDRASE…
- **Appellants:** Jayashree…
- **Respondents:** RA-NI PRECAST PVT…; State Represented…

## Timeline

- **2020-12-23 — NCLT Ord…**: National Company Law Tribunal Division Bench I Chennai observed that the third respondent…
- **2021-12-24 — Complaint…**: The petitioner filed a complaint against the third respondent alleging various offences…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/high-courts-new-delhi/jayashree-mohan-vs-state-represented-by-joint-director-and-head-of-zone-central-9a7563b0