DEEPAK SINGH Vs. STATE

JUDGEMENT

(1.) By virtue of this petition u/s 482 Cr.P.C., the petitioner seeks quashing of the order dated 17th August, 2010 and 20th January, 2011 whereby learned Metropolitan Magistrate has taken cognizance of the offence and has summoned the petitioner.

(2.) The essential facts giving rise to the filing of the present petition, in nut shell, are that respondent No.2/complainant made a written complaint dated 6th August, 2008 to SHO Okhla Industrial Area, Phase -I, New Delhi -110020 on the basis of which FIR 355/2008 was registered against the petitioners u/s 408 IPC. The FIR, inter alia, alleged that the petitioners had set up three benami companies and by misusing their authority as Marketing Manager/Assistant Manager in the complainant company, they had manufactured certain documents in the nature of orders placed by the said company to secure delivery of goods at discounted rates which were later resold to the company customers at profit thereby gaining wrongfully.

(3.) It appears that the complainant had also preferred a complaint case registered as CC No.529/1/2008 wherein the Magistrate called for status report in the context of the criminal complaint, the police having registered the FIR 355/2008. In view of the registration of the FIR, the Magistrate did not proceed further with the said complaint.