RAMESH BHATEJA Vs. STATE AND ORS.

JUDGEMENT

(1.) Crl. M.A. No. 505/2014

(2.) THIS is a petition under Section 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C.) against the impugned order dated 2.12.2013 passed by learned Additional Sessions Judge, Delhi, whereby Criminal Revision filed by the petitioner against the dismissal of his application under Section 156(3) Cr.P.C. was dismissed by learned Metropolitan Magistrate, Delhi. Learned counsel for the petitioner submits that petitioner is the proprietor of M/s. Ghanshyam Plastic Works and having business relations with respondent Nos. 2 & 3 for the last more than ten years. Respondent No. 4 is father -in -law of respondent No. 2 and elder brother of the petitioner. The petitioner and respondents No. 2 & 3 were having business dealings and as per the statement of accounts maintained by the petitioner it shows credit balance and it shows different balances at relevant time and by the end of November, 2011, the debit balance comes out to be Rs. 62,29,311/ - in respect of material supplied to respondent No. 2. The respondents did not pay the amount towards purchases and despite repeated requests have been delaying the same on one pretext or the other.

(3.) IT is also submitted that the petitioner was forced by respondent No. 3 to buy the property of respondent No. 4 at inflated price and adjust the outstanding amount of Rs. 62,29,311/ - towards the balance outstanding. A meeting was held on 2.12.2011 and the respondent admitted their liabilities. Counsel for the petitioner also submits that the video recording is available on record and the trial court should have invoked the provisions of Section 156(3) Cr.P.C.