K.S. BHATNAGAR Vs. STATE AND ORS.

JUDGEMENT

(1.) THE present petition has been filed by the petitioner under Section 482 Cr.P.C. read with Article 227 of Constitution of India for quashing of complaint i.e. CC No. 98/1/09 titled as "Jawahar Lal vs. K.S. Bhatnagar & Ors" and the summoning order dated 18th September, 2010 passed by the Metropolitan Magistrate, Dwarka, Delhi whereby the petitioner was summoned under Section 409 read with Section 34 IPC.

(2.) THE brief facts of the case are mentioned below: -

(3.) IN the complaint it was merely stated that documents were handed over to SI Johny Anto in presence of the petitioner. Admittedly, the documents were never handed over to the petitioner. It is argued that as per settled principle of law there is no concept of vicarious liability under criminal law. It is also submitted that the papers pertaining to the property of the complainant cannot be of any use to anybody as the same are not even registered documents. Above all, the said documents have neither been ever received or used or misappropriated by the IO.