SITA CHAUDHARY Vs. ON LINE FIN CAPS LTD.

JUDGEMENT

(1.) This petition has been filed under Sec. 482 of the Code of Criminal Procedure, 1973 for quashing of criminal complaint No. 1 of 2003 (Annexure P-1) titled On Line Fin Caps Vs. Sunil Chaudhary and others under Sections 406/420/467/471/195/506 of the Indian Penal Code, 1860 (IPC for short) as well as summoning order dated 27.2.2010 (Annexure P-2) under Sections 405/506 Penal Code and all the subsequent proceedings arising therefrom. Respondent No.1 filed a complaint against the petitioner and others under Sections 406, 420, 467, 468, 471, 195 and 506 IPC.

(2.) The case of the complainant, in brief, is that accused Criminal Misc. No.M-20040 of 2010 2 No.1 along with Sandeep Grover, Rochak Midha, Vikas Grover and others had floated the complainant company in the year 1996. At the time of closure of the business in July 2000, the complainant was having assets. Sunil Chaudhary and Poonam Chaudhary induced Sandeep Grover and others in the presence of the complainant to entrust them the equipment/furniture etc. of the company. The same were handed over to the accused by the complainant on instructions of Sandeep Grover. The said articles were, however, not returned by accused Sunil Chaudhary and Poonam Chaudhary. On 30.7.2002 accused Sunil Chaudhary, Poonam Chaudhary and Brij Bhushan Chaudhary came to the house of Sukhdev and showed him a cheque alleged to have been issued by Sandeep Grover dated 1.7.2002 qua a sum of Rs. 75,00,000.00. The said cheque was a forged document and was not written or signed by Sandeep Grover. In Dec., 2002 complainant went to the house of accused along with Madan Lal and requested them to return the bogus cheque and other documents. However, the accused became furious and started abusing Sandeep Grover and Sukhdev and threatened Sukhdev not to interfere in their matter.

(3.) Learned counsel for the petitioner has submitted that the petitioner is an old lady aged about 80 years and has been falsely involved in this case being mother of Sunil Chaudhary. A criminal complaint had been filed by Sunil Chaudhary under Sec. 138 of the Negotiable Instruments Act, 1881 (the Act for short) qua dishonour of cheques issued by Sandeep Grover. However, in the said case, Sandeep Grover was declared a proclaimed offender and Criminal the proceedings in the complaint case have been adjourned sine die by the trial Court vide order dated 5.5.2006 (Annexure P-4). Sunil Chaudhary as well as Sandeep Grover are residing abroad. The present complaint has been filed by Sukhdev at the instigation of Sandeep Grover.