E.MOHANDAS Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The present petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter shall be referred to as the "Cr.P.C.") read with Article 227 of the Constitution of India has been filed by the petitioner for quashing the FIR No.804/2000, under Sections 420/468/471/120 -B of the Indian Penal Code (IPC), registered at Police Station Connaught Place and all the proceedings pending in pursuance thereto in the Court of learned Additional Chief Metropolitan Magistrate, Patiala House Court, New Delhi.

(2.) Factual matrix, emerges from the petition, is that the petitioner was working as Personal Assistant to Mr.Ramesh Kumar Jain who is the Chairman & Managing Director of M/s Pashupati Spinning and Weaving Mills Ltd. In the year 1993 -94, the said company proposed to launch a pharmaceutical project and therefore, required a drug licence. For obtaining a drug licence, the company was required to have a chemist/drug licence holder on its employment. Therefore, the services of complainant Mr.L.D. Pandey were availed and it was agreed that after successful commencement of the project, Mr.L.D. Pandey would be absorbed as an employee of the company. The said project could not commence and the same was abandoned in 1994.

(3.) On 13.12.2000, the complainant Sh. L.D. Pandey made a complaint to the police to the effect that Mr.Ramesh Jain had not paid the agreed dues on account of engaging the services of the complainant as Pharmaceutical Consultant. It was alleged that on 17.02.1998, Mr.Ramesh Jain called the complainant to his office on the pretext of settling the dues, but the complainant was forced to sign papers. No dues endorsement was taken on the company letter head from the complainant. During initial inquiry, it was revealed that the papers bore forged signatures of the witnesses.