GOPAL AWASTHI Vs. STATE

JUDGEMENT

(1.) Vide the instant petition, the petitioner has assailed the order dated 15.05.2007 passed by learned Additional Chief Metropolitan Magistrate, in complaint case tilted 'Serious Fraud Investigation Office v. Daewoo Corporation & Ors' whereby summons were issued on the complaint being filed by respondent No.2 for the commission of offence under Section 120B read with Section 420/468/471 Indian Penal Code, 1860.

(2.) In brief, the facts of the case are that during the year 1995-96, Mr.Y.N. Wang (respondent No.4) was the executive vice president of DWC whereas Mr.Shiv Gopal Awasthi (petitioner herein) was the managing director and Mr.M.S.Bhang (respondent No.6) was the deputy managing director of Daewoo Motors India Limited (hereinafter referred to as 'M/s DMIL') and in their said capacities they are responsible for the affairs of the aforesaid company.

(3.) It was revealed in the investigation, the M/s.DMIL and M/s.Daewoo Corporation, entered into a contract for supply of machinery for Cielo car engines and trans axles for a total sum of USD 619.67 Million on 25.03.1995, which was signed by respondent No.4, petitioner (herein) and respondent No.6.