D.S. SHARMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The challenge in this petition is made to order taking cognizance/summoning order dtd. 8/11/2018, passed in Case No.14919 of 2018, State Vs. Daya Shankar Sharma, and Others, by the court of Chief Judicial Magistrate, Haridwar ("the case"), by which the petitioners have been summoned to answer accusation under Sec. 420 IPC, as well as the entire proceedings of the case.

(2.) Heard learned counsel for the parties and perused the record.

(3.) The case is based on an FIR lodged by the respondent no.4, the informant. Briefly stated, according to the informant, he was the Manager in a firm called the Goel Lightings ("the firm"), of which the respondent no.3, Rakesh Goel is the proprietor. The petitioner nos. 3 and 4 were the Directors of JBS Engineering Works ("the company"). Their representative was petitioner no.1, D.S. Sharma. In the year 2016, the petitioner no.1 approached the owner of the firm and offered to sell the land and building of the company. It was also assured that the company will get its matter settled under One Time Settlement Scheme ("OTS") with the Bank of Baroda ("the Bank"), and, thereafter, transfer all the land and building of the company. Pursuant to this assurance, the owner of the firm, the respondent no.3, gave various amounts in the name of the company so that the petitioners may clear their dues in terms of OTS. But, according to the FIR, subsequently, the informant came to know that, in fact, the Bank had proceeded to auction the properties of the company. The FIR records that the informant has been cheated.