LAWS(DLH)-2012-9-30

S L MALOO Vs. STATE NCT OF DELHI

Decided On September 05, 2012
S L Maloo Appellant
V/S
STATE NCT OF DELHI Respondents

JUDGEMENT

(1.) Crl.M.A.No.14397/2012

(2.) At the outset, learned counsel for the petitioner states that he has instructions from the petitioner to withdraw the allegations against his lawyer Mr. Neeraj Kumar Singh. The said statement is accepted by this Court and the petitioner is held bound by the same.

(3.) The relevant facts of the present case are that the aforesaid FIR was registered on the complaint of Mr. Ram Bihari Sachan, Authorized Representative of the complainant company M/s. Universal Finance and Traders Ltd. In the complaint, it has been stated that the complainant company had been taken over by the new management in the year 2007 vide Share Purchase Agreement dated 13 th February, 2007. According to the complainant, as per the financial statements handed over by the earlier management, the complainant company was the sole owner and in exclusive possession of flat No. 10 H Vandana Building, Tolstoy Marg (hereinafter referred to as the 'aforesaid flat'). In the complaint, it was also stated that as per the records available with the Registrar of Companies, there was no mortgage/charge shown on the said flat. According to the complaint, believing the said assertions to be true and correct they decided to take over the control and ownership of M/s. Universal Finance and Traders Ltd.