VINOD KAUSHIK Vs. SUNIL KUMAR

JUDGEMENT

(1.) BY way of the present petition filed under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.'), the petitioner seeks setting aside of the impugned order dated 09.06.2014 passed by the learned Additional Sessions Judge ('ASJ'), Delhi, in Criminal Revision No.55/13, whereby the order dated 15.01.2013 passed by the learned Metropolitan Magistrate ('MM'), Delhi, summoning the respondent was set aside.

(2.) BEFORE deciding this petition, it is necessary to narrate the case put forth by the individual party.

(3.) AS per the petitioner, he had filed a written complaint on 28.11.2007 at Police Station Saraswati Vihar, Delhi, against Madan Lal Arora and others for trespass and theft of original property documents from his ancestral property No.WZ -472/343, Shrinagar, Shakurbasti. Accordingly, FIR No.82/2008 was registered at Police Station Saraswati Vihar, Delhi, as per the directions of the Trial Court, on petitioner's application under Section 156(3) Cr.P.C. Thereafter, the petitioner was summoned by respondent/SI Sunil Kumar, being Investigating Officer of the case, on the pretext of investigation of FIR in question and for submitting certain documents, where the petitioner was forced to enter into compromise dated 27.04.2008, annexed as Annexure -8 to the present petition, consequently, his son gave six post dated cheques (PDCs) to Madan Lal Arora and Avinash, who later on got encashed one of those cheques amounting to Rs.2,00,000/ -. The petitioner was also forced to surrender his passport to the respondent as a security.