SANDEEP SINGH Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The petition has been filed by the complainant in FIR No.170/2019, which was registered under Ss. 380/406/420/506/120B IPC at Police Station Vasant Kunj, Delhi, being aggrieved by the impugned order dtd. 14/1/2021 passed by the learned Chief Metropolitan Magistrate, Patiala House Courts, New Delhi.

(2.) Mr. Mudit Jain, learned counsel for the petitioner submitted that the learned Chief Metropolitan Magistrate reviewed his earlier order dtd. 20/8/2020 without any power to do so. Vide order dtd. 20/8/2020, 8 moulds being seized by the police in FIR No.170/2019, were ordered to be released to the petitioner, whereas vide the impugned order, the petitioner was directed to surrender the released moulds within 7 days. Further, the Investigating Officer was directed to take possession of the same.

(3.) It may be mentioned here that the FIR has been registered by the petitioner as a partner of respondent No.2 submitting that they had set up a partnership firm through a registered Partnership Deed dtd. 10/3/2014 for manufacturing remote controls in the name and style of M/s S.S. Manufacturing. The petitioner claims to have suddenly realized that the respondent No.2 had created a parallel company in the name of M/s Rugs Enterprises Pvt. Ltd. which was operating from M/s S.S. Manufacturing at the leased premises and the respondent No.2/accused along with a few employees planned a criminal conspiracy to misappropriate M/s S.S. Manufacturing's finished goods, raw material and machinery hypothecated for their own wrongful gain. According to the petitioner, the respondent No.2 was fully aware of the hypothecation of the machinery to Andhra Bank and the loan, as also the fact that in default of repayment, the loan would be recovered from the property belonging to the petitioner's father which had been mortgaged to Andhra Bank.