IMPORTANT POINT
A criminal complaint, being counter blast is an abuse of process of court.

JUDGMENT :

Uday Umesh Lalit. J.

Leave granted. This appeal challenges the order dated 29.05.2018 passed by the High Court of Judicature at Allahabad dismissing application preferred by the appellants under Section 482 CrPC being Application No.22324 of 2011.

2. Respondent No.2 filed Complaint No.3804 of 2009 in the Court of 3rd Additional Chief Judicial Magistrate, Ghaziabad on 02.12.2009 against Appellant Nos.1, 2 and 3 namely his father, brother and brother-in-law. The main allegations as set out in paragraphs 3, 4, 5, 7 and 10 of the Complaint were as under:-

"3. THAT Complainant had purchased 2 folios consisting of 100 shares of Reliance Industry. 1st folio was in the name of the Complainant and accused no.2 and 2nd folio was in the joint names of accused no.2 and complainant. The address in these shares is House no. KC-102/2, Kavi Nagar, Ghaziabad. Thereafter Reliance company sent to complainant 100 shares in the year 1997 and 200 shares of their company in this year itself.

4. THAT all the accused in furtherance of their conspiracy beat the Complainant and threw him out of the house along with his children in the year 1998 for mala fide reasons. They also forged signatures of complainant in the years 1997 and 2006 and illegally procured bonus shares and when complainant demanded back his original shares and bonus shares from them, they misbehaved with the complainant and refused to disclose anything to him. The complainant is presently living in Chiranjiv Vihar with his children for the sake of lives of himself and his children and also to maintain peace in the family.

5. THAT Folio number of the shares is 068119227 and complainant is not aware of the number of 2nd folio and he will provide it later on whenever he comes to know of it. Because all the shares are in the custody of the accused. Not only this, 100 shares of M/s. Amrit Banaspati Co. Ltd., belonging to Complainant, are also in the custody of the accused.

7. THAT all the original shares had been handed over to accused no.2 by the complainant after purchasing them for safe custody.

10. THAT all shares of complainant are in custody of accused and cost of the shares is approx. Rs.4.50 Lacs."

3. It was thus alleged that the appellants had betrayed and cheated Respondent No.2 and were guilty of offences punishable under Sections 406, 420, 467, 471, 323, 504, 506, 447 and 448 IPC. However, by his order dated 18.06.2010 the 3rd Additional Chief Judicial Magistrate, Ghaziabad found that no ground to summon the appellants for trial was made out and the complaint being devoid of merits was liable to be dismissed under Section 203 CrPC. The aforesaid order was, however, set aside in Criminal Revision No.179 of 2010 preferred by Respondent No.2 by the Additional Sessions Judge, Court No.2, Ghaziabad, who by his order dated 11.11.2010 remanded the matter with a direction to pass fresh orders after granting an opportunity of hearing to Respondent No.2. The appellants being aggrieved, preferred application under Section 482 CrPC being Application No.9156 of 2011 in the High Court. Said application was disposed of by the High Court on 23.03.2011 observing that if the appellants moved an application under Section 245(2) CrPC the same be heard and disposed of expeditiously.

4. Accordingly, an application under Section 245(2) CrPC was moved by the appellants. Paragraphs 6 to 15 of the application for discharge dealt with acquisition of shares of Reliance Industries Ltd.

"6. THAT true and correct position is that an application for allotment of 100 debentures of M/s. Reliance Polythene Limited was given by the co-applicant, Suresh Goyal in the year 1993. This application was filed by him for allotment of shares in the names of his sons i.e. Arun Kumar Goyal (i.e. the complainant) and Devinder Kumar Goyal and for which the said co-applicant had given a cheque of his own bank.

7. THAT thereafter Reliance Polythene Limited issued 100 debentures of their Company being Debenture Nos. 004959401 to