PUNEET TALWAR Vs. NEERAJ AGGARWAL

JUDGEMENT

(1.) THIS petition under Section 482 Cr.P.C., is for quashing of criminal complaint No. 427/03.12.2009, titled as "Neeraj Aggarwal Vs. Puneet Talwar", under Sections 420/406/506 IPC (Annexure P -12) and summoning order dated 18.01.2010 (Annexure P -13) passed by the Judicial Magistrate Ist Class, Ferozepur Jhirka, District Mewat.

(2.) THE petitioner is erstwhile owner of M/s. INDIGO NOW INC, 11407 Rockfield Court, Cincinnati, Ohio 45241, USA, which had placed an order in the year 1998 for supply of natural slate tiles on M/s. Paradise Slate House, of which, Neeraj Aggarwal -respondent is a partner. The material was supplied to INDIGO for a period of one year vide invoices dated 11.04.1998, 22.06.1998, 22.07.1998 and 30.03.1999 as per following bill numbers: -

(3.) AT present, the petitioner is a Director of M/s. Advent Matrix (Profit) Pvt. Ltd. and its branch office is situated at H.No. 10, Arjun Marg, DLF Phase -I, Gurgaon. The petitioner filed a suit (Annexure P -10) for permanent injunction restraining the respondent, its employees, agents etc., from illegally dispossessing the petitioner -company and its employees from its Head Office at 20, Municipal Road, Dehradun, Uttranchal and branch office situated at House No. 10, Arjun Marg, DLF City, Phase -1, Gurgaon. Vide order dated 14.10.2009 (Annexure P -11), the Civil Judge (Junior Division), Gurgaon, had restrained the defendant -respondent from illegally dispossessing M/s. Advent Matrix Pvt. Ltd., except in due course of law. Thereafter, as counter blast to the above said suit, the respondent filed a complaint (Annexure P -12) in the Court of Judicial Magistrate Ist Class, Ferozepur Jhirka, wherein vide order dated 18.01.2010 (Annexure P -13), the petitioner has been summoned to face trial for commission of offences under Sections 420/406/506 IPC, even though the said complaint was instituted after a delay of almost 10 years.