SANJAY AGGARWAL Vs. G S TAYAL

JUDGEMENT

(1.) This petition is filed under section 482 Cr. P.C. seeking quashing of criminal complaint No. 80/1 of 2005 under section 406/420 IPC and also summoning order dated 18 th April 2009 of the ACMM, Rohini District Courts, Delhi.

(2.) Facts in brief necessary for the disposal of this petition are these: Four complaints under section 138 Negotiable Instruments Act (for short the Act ) read with section 415 and 420 IPC were filed by G.S. Tayal, his wife Munni Tayal and his sons Kapil Kumar Tayal and Devendra Kumar Tayal against the petitioners Sanjay Aggarwal, his brother Ajay Aggarwal and their firm M/s Sanjay Steel Tube Company. These complaints were filed in the year 2005. The summoning orders were passed against the aforesaid accused persons under section 138 of the Act. The complainants filed applications for dropping allegations of sections 415 and 420 IPC stating that they have filed separate complaints against the accused persons under section 420 IPC. Vide order dated 3 rd June 2011, the learned Magistrate recorded that since the cognizance was taken in the complaints under section 138 of the Act only, there was no necessity of filing such applications and so he disposed of those applications as having become infructuous.

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