GAJARAJ COMMERCIAL P. LTD. Vs. STATE

JUDGEMENT

(1.) VIDE the instant petition the petitioner has sought to quash orders dated 07.03.2012 passed by learned Metropolitan Magistrate, Patiala House Courts, New Delhi in Complaint Case No.2/1/11 titled as Amit Katyal and Ors. V. State and Ors. and all the consequential proceedings arising out of or initiated thereto in pursuance to the said order.

(2.) MR . Amarendra Sharan, learned Senior Advocate, appearing on behalf of petitioners has submitted that respondent No.3 initially, lodged a complaint against Mr. Subhash Gupta and N.D. Gupta for cheating, forgery and criminal breach of trust in conspiracy with Gulbir Madan before the Deputy Commissioner of Police, EOW on 29.07.2011 wherein it was stated that Subhash Gupta in connivance with N.D. Gupta, who was the auditor of the company M/s Krrish Green Homes Pvt. Ltd. had taken blank cheques from him dated 07.01.2011 of Rs.5 Crores and another cheque dated 10th January amounting Rs.4.9 Crores drawn on HDFC Bank, Anand Lok Branch for purposes payment of TDS and Advance Tax.

(3.) IN supplementary complaint dated 05.08.2011 made to DCP, EOW by Mr. Amit Katyal/ respondent No.3, it was stated that he received a legal demand notice for the same cheques of the same amount from M/s. Gajraj Commercial Pvt. Ltd. i.e. respondent No.l herein that the said cheques were issued to the petitioner by him for paying some loan.