PAWAN KUMAR JAIN Vs. STATE

JUDGEMENT

(1.) THIS is a petition under Section 482 Cr.P.C. filed by the petitioner Pawan Kumar Jain seeking quashing of the order dated 21.12.2005 passed by the learned Metropolitan Magistrate, Delhi in complaint case No.36/1 P.S. Roop Nagar, Delhi titled "Naresh Kumar Aggarwal Vs. Pawan Kumar Jain and Anr," whereby the petitioner and his co-accused were summoned to face trial for the offences under Section 420/467/468/471/34 IPC in the complaint filed by respondent No.2.

(2.) BRIEFLY stated, facts relevant for the disposal of this petition are that the complainant Naresh Kumar Aggarwal, Devender Kumar Mittal and his wife Kamini Mittal (since deceased) were co-owners of a property at Mussoorie in Uttaranchal. The parties thereafter formed a company M/s. Kumari Hotel Pvt. Ltd. It is stated that later on disputes arose between the parties which resulted in filing of civil suit as well as the proceedings before Company Law Board. The dispute between the parties under Companies Act, 1956 came up before this Court and by an order dated 24.05.1996, the learned Single Judge of this Court dismissed the petition filed by respondent/complainant for winding up of the company. The Division Bench of this Court by an order dated 25.05.2001 confirmed that order.

(3.) FEELING aggrieved by the aforesaid summoning order, Devender Kumar Mittal, co-accused of the petitioner filed a petition being Crl.M.C. No.1857/2006 in the High Court for quashing of summoning order against him. His petition was dismissed by learned Single Judge of this Court by an order dated 08.02.2008. Devender Kumar Mittal filed an SLP against the order of learned Single Judge and the Supreme Court vide order dated 09.02.2010 allowed the appeal filed by Devender Kumar Mittal and quashed the criminal proceedings against him on the basis of aforesaid complaint. While parting with the appeal, the Supreme Court, inter alia, observed thus: