MUKESH PODDAR Vs. V.C. MAINI

JUDGEMENT

(1.) The petitioner is before this Court seeking for the following reliefs:

(2.) The brief facts leading to the above petition is that the petitioner is one of the Directors of the Company known as M/s Radhamani Exports Ltd. In the course of the business transaction, the first respondent visited the petitioner's unit on 14.01.2010 and ordered to consign cotton shirts for the value of Rs.33,00,000/- to M/s Hemanth International, E-16/931 and 932, Main Tank Road, Karol Bagh, New Delhi-110 005 and M/s Poonam Enterprises, E-16/930, Main Tank Road, Karol Bagh, New Delhi 110 005. With regard to the transaction entered into between them certain differences and disputes have arisen. According to the first respondent, on receipt of the consignment, it was found that the shirts sent were of inferior quality and did not match the order which was placed for supply of the shirts. Since substantial amount was paid and the first respondent felt cheated, he filed a complaint at Crime Branch Office in R.K. Puram, New Delhi and as no action had been taken for registering the FIR, the first respondent filed an application under Section 156(3) read with Section 190 and Section 200 of the Code of Criminal Procedure, 1973, in the Court of Additional Chief Metropolitan Magistrate, New Delhi. The learned Additional Chief Metropolitan Magistrate by the order dated 29.02.2012 directed the Station House Officer to register the FIR under appropriate provision of IPC and investigate the 'matter as per law.

(3.) Pursuant thereto, the Sub-Inspector of Police, Economic Offences Wing, Police Station, R.K. Puram, New Delhi, registered the case in Crime FIR No.42 of 2012 for the offences punishable under Section 406 and 420 of IPC. On 18.03.2013 the Sub-Inspector, A.E. Cell, Crime Branch, Sector-8, R.K. Puram, New Delhi, issued a notice under Section 91 of Cr.P.C. to the petitioner in the process of investigation. The petitioner contends that the whole case sought to be made out against the petitioner is false and foisted with ulterior motive.