C S AGGARWAL Vs. STATE

JUDGEMENT

(1.) THIS Letter Patent Appeal has been filed against the Judgment and order dated 11th November 2010 passed by the learned Single Judge dismissing the W.P. (Crl.) No.57 of 2010. The writ was filed under Article 226 of the Constitution read with Section 482 of the Code of Criminal Procedure by the appellant C.S. Aggarwal for quashing of FIR No. 264/2009 dated 23.12.2009 lodged against the appellant by the Economic Offences Wing, Crime and Railways, Delhi under Sections 420/406/120-B of the Indian Penal Code.

(2.) SUCCINCTLY stated, the factual matrix of the events giving rise to the instant LPAs is as follows:

(3.) THE appellant Sh. C.S. Aggarwal, by way of W.P. (Crl.) No. 57 of 2010 filed under article 226 of the Indian Constitution r/w section 482 Cr.P.C. challenged the registration of the aforesaid FIR and sought quashing of the same. However, Learned Single Judge of this High Court found no merit in that petition and dismissed the same vide order dated 11.11.2010 on the ground that the investigation done by the EOW clearly indicates that the petitioner had, from the very beginning, a dishonest intention to cheat the respondent no.3. Feeling aggrieved by the dismissal of his writ petition, the appellant Sh. C.S. Aggarwal has preferred the Letter Patent Appeal under clause 10 of the Letter Patent Act of the Punjab and Lahore High Court which is applicable to the Delhi High Court. Sh. D.K. Jain has also filed LPA raising the grievance that even when he was not a party to the writ proceedings, the learned Single Judge had made observations prejudicial to his interest at his back.