RAVI OBEROI Vs. JINDAL LEASE FINANCE LTD

JUDGEMENT

(1.) THIS judgment shall dispose of the petition under S.482 of the Code of Criminal Procedure (CrPC) seeking issue of appropriate orders / directions for quashing of notice / summons dated 17/07/2000 issued by the Court of Metropolitan Magistrate, Patiala House, New Delhi summoning the petitioner Ravi Oberoi under S.420 / 468 / 406 of the Indian Penal Code (IPC) in addition to other accused persons and for quashing of the criminal proceedings emanating there from on the basis of a complaint filed by respondent No. 1 on 09/10/1998 which has been described by the petitioner as the second complaint.

(2.) IT is the case of the petitioners that the complaint dated 09/10/1998 (hereinafter referred to as the 'second complaint') is based upon the same transaction and on the basis of same allegations which form the basis of earlier complaint filed by the respondent No. 1 against the petitioners and respondents No. 2 to 4 under S.138 of the Negotiable Instruments Act (NI Act) read with S.403 / 406 / 420 IPC read with S.120B of the IPC. The said complaint was filed in November, 1996, of which cognizance has been taken by the Court of concerned Metropolitan Magistrate vide order dated 12/02/1997 summoning the petitioner and others. The said complaint is still pending.

(3.) NOTICE of the petition was accepted by learned counsel appearing for respondent No. 1. The other respondents also caused appearance through a learned advocate while the respondent No. 2 was served through official liquidator.