CHARANJEET GABA Vs. ARJUN LAL AHUJA

JUDGEMENT

(1.) The present leave petition preferred under Section 378 Cr PC is directed against the order dated 05.10.2013 passed by Sh. J.R. Aryan, District & Sessions Judge, North East District, Karkardooma Courts, Delhi in Crl Appeal No.13/2009, titled "Sh. Arjun Lal Ahuja & Anr. V. Sh. Charanjeet Gaba".

(2.) By the impugned judgement, the appeal preferred by the respondent/accused had been allowed and the judgment of the learned MM Sh. Amit Kumar in Case No.129/2004 rendered on the complaint preferred by the petitioner under Section 138 of the Negotiable Instruments Act (the Act) convicting the respondents, was set aside.

(3.) The case of the petitioner/complainant was that respondent no.1 Arjun Lal Ahuja was the Managing Director of the respondent no.2 company M/s Cosmos Flex Pvt. Ltd. The accused was a known friend of the complainant. Sometime in August 1995, the accused approached the complainant and suggested that he joins the accused company as a director on allurement of good returns. The accused company proposed to start a business in products like polysters, polythene, printed laminated frames, flexible punching material etc. Believing the assurances of the accused, the complainant was inducted as a director in the company in September 1995. Another person named Kamal Arora was also taken as a director in the accused company.