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2001 Supreme(Del) 1544

C.K.MAHAJAN, USHA MEHRA
ANIL KOHLI – Appellant
Versus
STATE (NATIONAL CAPITAL TERRITORY OF DELHI) – Respondent


Advocates Appeared:
INDERJIT SHARMA, K.T.S.Tulsi, MANISHA BHANDARI, MUKTA GUPTA

USHA MEHRA

( 1 ) QUASHING of the charge sheet dated 20th january,2000 in FIR No 103/99 under Section 406/420/120-8 indian Penal Code has been sought by Anil kohli, the petitioner herein, inter alia, on the ground that the complaint lodged by the complainant does not show any cognizable offence Reading of the complaint makes it a case of purely civil nature based on business transaction carried out for number of years.

( 2 ) ON the other hand Mr Inderjit Sharma, counsel for the complainant and Ms. Mukta Gupta, Standing counsel for the State contended that since the charge sheet has already been filed, therefore, this Court in its discretionary power under Article 226 of the Constitution of India, should not entertain this writ petition. All these objections raised in this petition can be looked into by the Trial Court where charge sheet is filed. Ms. Mukta Gupta, Standing Counsel for the State further contended that even if the complaint has a flavouring of civil nature, that by itself is no ground to quash the fir. There was inducement to cheat, hence, case under section 420 Indian Penal Code is made out. Counsel for the complainant supporting the prosecution contended that the comp


















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