AMAR CHEEMA Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for applicant, moved by the applicant, Amar Cheema, under Section 482 of Criminal Procedure Code, 1973 (in short 'Cr.P.C.') as well as learned AGA, appearing on behalf of State of U.P. and perused the record.

(2.) Learned counsel for the applicant argued that the applicant has been summoned because of being brother of Arjun Cheema. He is neither Director of Company, in question, nor was having any concern with the Company. A complaint was filed with incorrect facts that there were three Directors of the Company, whereas the documents, filed with this Application, are to the effect that there were four Directors of the Company and the complainant was neither Director nor is having any concern with above Company. It was said that Company was wound-up in the year 2011, whereas the Company was running till 2018. All taxes were being paid. If any embezzlement in the capital of the Company was there, the Directors will be responsible for the same, whereas present applicant, Amar Cheema, has no concern with the Company, but the Trial court of Additional Chief Judicial Magistrate, Gautam Buddh Nagar, vide summoning order, dated 22.10.2018, passed in Criminal Complaint No. 4645 of 2018 (Abhimanyu Ahlawat vs. Amar Cheema & others), has summoned the applicant, alongwith one other, for offence, punishable, under Sections 420 and 406 IPC, Police Station Sector 39, NOIDA, District Gautam Buddh Nagar. Hence, this Application, under Section 482 of Cr.P.C., with a prayer for quashing of the impugned summoning order and entire criminal proceeding of Complaint Case No. 4645 of 2018 (Abhimanyu Ahlawat vs. Amar Cheema & others), with a further prayer for staying further proceeding of above case till disposal of this Application.

(3.) Learned AGA, appearing for the State of U.P, has vehemently opposed this Application, under Section 482 of Cr.P.C.