MOHAN LAL & ANR Vs. SANDEEP AGGARWAL

JUDGEMENT

(1.) The respondent had filed a criminal complaint case (CC no.871/14) on 24.08.2006 impleading the petitioners as second and third prospective accused, in addition to their daughter Priyanka Agarwal as first prospective accused and one Sanjay Gupta as fourth prospective accused, alleging offences punishable under Sections 415, 420, 506, 120B, 34 of Indian Penal Code, 1860 (IPC). On the basis of the preliminary inquiry, in which the respondent examined himself as the sole witness (CW-1), the Metropolitan Magistrate, by order dated 10.10.2011, issued process summoning the petitioners for offence under Section 417 / 34 IPC observing that no case for summoning of other two had been made out.

(2.) The petitioners challenged the said summoning order by approaching this court in Crl. M.C. 1356-1357/2013 which was disposed of, by order dated 06.05.2014, permission to withdraw the same having been granted with liberty given to raise all pleas before the trial court.

(3.) The Metropolitan Magistrate considered the material on record for taking the case further into trial. By order dated 24.11.2014, he found all the ingredients of the offence of cheating under Section 417 IPC had not been satisfied. Thus, by order dated 24.11.2014, the petitioners were discharged.