YOGESH MITTAL Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) By this petition, by which jurisdiction of this Court under Section 482 of the Code of Criminal Procedure is sought to be invoked, the petitioner seeks the quashing of complaint no.25-1 of 2010/12, instituted by respondent no.2 herein, Kesar Lal Bansal, before the learned Chief Judicial Magistrate, Sirsa, alleging therein the commission of offences punishable under Sections 420 and 120-B IPC. (A copy of the complaint is annexed as Annexure P-1 with the petition).

(2.) The allegation of the complainant is that the petitioner, Yogesh Mittal, as also his co-accused Mahender Sharma, and 4 other co-accused, who are shown to be the Directors/CEOs of M/s Katyayani Petroleum Limited, Pune (hereinafter to be referred to as the 'M/s Katyayani'), have cheated him. As per the complaint, the present petitioner and Mahender Sharma approached the complainant in August 2007 and induced him to install an LPG Gas Filling Station at Sirsa, with him to obtain a dealership from M/s Katyayani, the total investment of the complainant being Rs.25, 00, 000/-.

(3.) A perusal of the complaint shows that the offer made to the complainant essentially was that he would arrange for land measuring 80' x 80' and obtain/"manage" No Objection Certificates (NOCs) from the departments of Food & Supply, Electricity and Fire Brigade, with all other formalities to be completed by the company, i.e. M/s Katyayani, at its expenses, including setting up of the office and workshop etc. The sale price of the gas was also stated to have been explained to him.