LAWS(P&H)-2008-8-21

MEERA WADHWA Vs. GIAN CHAND GUPTA

Decided On August 11, 2008
Meera Wadhwa Appellant
V/S
GIAN CHAND GUPTA Respondents

JUDGEMENT

(1.) -This petition filed under Section 482 Cr.P.C. seeks quashing of complaint dated 5.5.2004 (Annexure P-10) titled 'Gian Chand Gupta v. Meera Wadhwa, Manager, Haryana Financial Corporation' and order dated 20.11.2004 (Annexure P-11) whereby the petitioner has been summoned to stand trial for committing offences under Sections 167, 420, 477-A IPC.

(2.) LEARNED counsel appearing for the petitioner has contended that the complaint and subsequent proceedings are liable to be quashed as it has been filed after a delay of 8 years and 4 months of the cause of action, if any, accruing in favour of the respondent-complainant.

(3.) THE third argument of the learned counsel is that the complaint is not maintainable. The respondent had earlier filed a criminal complaint with the same allegations in regard to the same incident. It was dismissed for non- prosecution. The present complaint has been filed while concealing the factum of the earlier complaint only so as to harass the petitioner.