Mahinder Sharma vs Rajiv Bhatnagar and Another

Suresh Kait, J.

CRL. M.A. No. 3321/2012 (Exemption)

Exemption allowed subject to all just exceptions.

CRL. M.C. No. 950/2012

Notice issued. Learned counsel Mr. Subhash Gulati, Advocate accepts notice on behalf of respondent No. 1.

Learned APP accepts notice on behalf of respondent No. 2.

With the consent of learned counsel for the parties, the instant petition is taken up today for final disposal.

Vide the instant petition, the petitioner has sought to quash/set aside the judgment/order dated 21.02.2012 passed by learned ACMM, Saket Courts, Delhi in CC No. 256/1.

Learned counsel for the petitioner submits that respondent No. 2 is Signatory on the cheque in question and has been filing various complaints against the petitioner. In this manner, he has been misleading the police as well as the Courts just to avoid his impleadment as an accused.

Learned counsel further submits, at this stage, that they do not dispute if the investigation is carried out by Delhi Police or Jalandhar Police, however, the Economic Offence Wing ,Delhi (in short "EOW") has already been directed to inquire/investigate the matter and register a case, if required. Therefore, he is only praying that since, the respondent No. 1 is signatory to the said cheque, therefore, the EOW should also investigate the role of the respondent No. 1.

Learned counsel appearing on behalf of respondent No. 1 submits that submission made by Ld. counsel appearing on behalf of petitioner to the extent that if after investigation respondent No. 1 is found guilty of committing of any offence then he has no objection if a case is registered against him also.

In the circumstances, without disturbing the order passed by learned ACMM, Saket Courts, Delhi, I further direct EOW to investigate the matter and also investigate the role of respondent No. 1, if found involved in the offence, action shall be taken against him as per Law.

No further order is required.

I further direct, no coercive steps shall be taken against the petitioner without the permission of the Trial Court. Crl. M.C. 950/2012 stands disposed of accordingly.

Crl. M.A. 3323/2012 (Application for calling of records)

In view of the above orders the present application stands disposed of.

Crl. M.A.3322/2012(stay)

Dismissed as infructuous.