HANS RAJ Vs. SANJAY MUTREJA

JUDGEMENT

(1.) Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure,1973 (for short 'Cr.P.C.') seeking quashing of the criminal complaint No.874/24.12.2009 titled as 'Sanjay Mutreja vs. Hans Raj Chopra' under Sections 182, 499, 500 of the Indian Penal Code ('IPC' for short) and summoning order dated 24.7.2010 (Annexure P2) alongwith all consequential proceedings arising therefrom.

(2.) Learned counsel for the petitioner, inter-alia, has submitted that the summoning order dated 24.7.2010 (Annexure P2) was liable to be quashed as there was no legal evidence on record.

(3.) The complainant, while appearing in the witness box, has tendered his affidavit by way of his preliminary evidence. As per Section 200 Cr.P.C., the affidavit tendered by the complaint,as part of his statement, could not be said to be a sworn statement. Hence, there was no legal evidence available on record in support of the complaint filed by the complainant. Thus, the summoning order dated 24.7.2010 (Annexure P2) was liable to be quashed. In support of his arguments, learned counsel has placed reliance on K.Venkataramaiah and Others v. Katteraro S.Deshpande, 2008 CrLJ 1547 wherein it was held as under:-