MAGIC MOUNTAIN Vs. GAGAN KAPOOR

JUDGEMENT

(1.) The petitioners have filed the present petition for quashing of a private complaint bearing Criminal Complaint No. 5/2 of 2022 and further proceedings taken pursuant to it in the Court of learned Judicial Magistrate First Class, Kasauli, District Solan, H.P. in a case titled Gagan Kapoor v. Magic Mountain (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

(2.) Briefly stated, the facts giving rise to the present petition are that the complainant filed a complaint before the learned Trial Court. It was asserted that the complainant is owner in possession of a building known as "The Nest", Engine Ghar Road, Sanjauli, District Shimla, H.P. The complainant and accused No. 1 to 5 had executed a rent agreement on 26/12/2018, vide which the accused were inducted as a tenant by the complainant in a building known as "The Nest" @ Rs.1,00,000.00 plus GST @18% per month, payable in advance on or before 7th day of every month. The rent amount alongwith 18% GST for the month of January was paid through a cheque. The accused were in arrears of monthly rent alongwith 18% GST from July 2019 onwards. They issued a cheque for Rs.6,80,000.00 in favour of the complainant drawn on Indusind Bank Sanjauli, Shimla with the false assurance to the complainant that the cheque would be honoured on its presentation in the bank; however, when the complainant presented the cheque, it was dishonoured. The complainant filed a complaint for dishonour of the cheque, which is pending before learned Additional Chief Judicial Magistrate, Kasauli, H.P. for adjudication. The accused used the materials including bricks, wood, glass, chairs etc. lying in the above-mentioned tenanted premises. They left the premises without informing the complainant and removed the furniture, fixtures, decoration items, light and other things thereby committing theft amounting to Rs.5.00 lac. They destroyed the glass windows, furniture and other available materials. A complaint was made to the Police Station at Sanjauli but no action was taken. Hence, it was prayed that action be taken against the accused for the commission of offences punishable under Ss. 379, 406, 420 and 427 read with Sec. 34 of IPC.

(3.) The learned Trial Court recorded the preliminary evidence and found sufficient reasons to summon the accused for the commission of offences punishable under Ss. 379, 406, 420 and 427 read with Sec. 34 of IPC.