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Manish Srichand Pardasani vs. The State (NCT) of Delhi & Anr.

Criminal Miscellaneous Case · CNR not assigned (CRL.M.C. 1961/2025 & CRL.M.A. 8851/2025)Decided 14 Oct 2026New Delhi Bench
CRL.M.C. 1961/2025 & CRL.M.A. 8851/2025
Justice Madhu Jain

Background

A complainant alleged he invested about Rs. 7.5 crore in a beauty-salon company and that his money and shares were never returned. The petitioner, associated with a different company with a commercial lease dispute with the salon company, was not named as an accused by police after investigation, but the trial court later summoned him anyway, based on an alleged diversion of about Rs. 16.76 lakh in card-swipe payments through his company.

Decision Breakdown

The High Court held that a trial court is not bound by the police's decision not to charge someone: it can independently summon a person if the case record shows prima facie involvement. Since the trial court's order identified a specific transaction linking the petitioner to the alleged diversion, and his explanation (that the money was just an adjustment of unrelated dues) was disputed, the High Court declined to interfere and left the dispute to be tested at trial.

Lesson Learnt

Not being charge-sheeted by the police does not guarantee permanent immunity: a magistrate can still summon a person later if the case papers show a prima facie case against them.

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