MADHVI SINGH Vs. G.K HADA & ORS.

JUDGEMENT

(1.) The present petition is directed against the order dated 01.10.2016 passed by ACMM, South East, Saket Court in Complaint Case No. 625094/2016 vide which the petitioner along with the other accused persons was summoned for the offence punishable under Sections 471 / 120B / 34 IPC.

(2.) Briefly, the facts of the case are that the husband of the petitioner Late Sh. A.N. Singh along with his brother Late Sh. G.N. Singh were the owners of the property bearing no. D-2, Maharani Bagh, New Delhi. In January, 1981, the entire ground floor along with two servant quarters at the first floor was let out to M/s Century Tubes Ltd. (CTL) for residence of its Managing Director Sh. Gautam Hada i.e. respondent no.1 herein, initially at a monthly rent of Rs.4,000/-. From time to time, fresh agreements were executed with CTL and the last such agreement was executed on 01.01.2001 for a period of 2 years and thereafter it became month to month tenancy as no further agreement was executed. It has been pleaded that initially the cheques towards the rent were drawn by CTL but later the cheques were issued by M/s Pavik Lifestyle Ltd.

(3.) Later, the petitioner along with her husband's brother i.e., Late Sh. G.N. Singh instituted a civil suit bearing no. CS No. 254/14/08 against M/s Pavik Lifestyle Ltd. for possession and recovery of rent and mesne profits.