S. Muralidhar, J.

1. These petitions under Section 482 of the Criminal Procedure Code, 1973 seek the quashing of Complaint Case No. 1814 of 1995 titled S.C. Gupta v. Subodh Kumar Jain and Anr. pending in the Court of the learned Metropolitan Magistrate (MM), New Delhi under Section 420 read with Section 34 of the Indian Penal Code (IPC) and all proceedings consequent thereto including the summoning order dated 22nd February, 2003 passed by the learned MM. The petitioner in Crl.M.C. 1372 of 2006 is Subodh Kumar Jain, who is Accused No. 1 in the Complaint. The petitioner in Crl.M.C. 4536 of 2005 is Paresh Kumar, who is Accused No. 2 in the Complaint.

2. The complaint states that the complainant S.C.Gupta is the Chief Accountant of the East West Medical Centre (hospital) owned by Dr. N.P.S. Chawla. Accused No. 1 Subodh Kumar Jain is described as Director of Niryat San Apparels (India) Ltd. Accused No. 2 Paresh Kumar is stated to be "in the employment of accused No. 1 as Translator of Korean language." It is stated that on 15th July 1995 Accused No. 2 was sent by Accused No. 1 to Agra to accompany two Korean Engineers for sight seeing. Accused No. 2 was to assist them as Korean Language translator. Accused No. 2 and the two Korean engineers travelled in a DLY car driven by Pratap Singh Rana. While returning from Agra they met with an accident near Mathura. The driver and the occupants sustained injuries, some of them serious. They were initially admitted to a hospital in Mathura for treatment.

3. The complaint states stated that on 16th July 1995 Accused No. 1 Subodh Kumar Jain approached Dr.N.P.S. Chawla and requested him to send an ambulance to bring the above said injured persons from Mathura and to get them hospitalized and treated at the East West Medical Centre. It is stated that accused No. 1 gave his visiting card to Dr. N.P.S. Chawla to show that he was an exporter and manufacturer of woolen goods with foreign collaboration and lived just adjacent to the hospital. It is stated that the bills for the treatment of the two Koreans were paid by the company of which accused No. 1 was a Director. The bill of the driver was paid by M/s Hita International. Accused No. 2 Paresh Kumar remained admitted for further treatment up to 29th July 1995. Since he had suffered multiple injuries he was given blood transmission and operated upon for setting right the multiple fractures of the femur bones of the left and right legs.

4. According to the complainant, on 28th July 1995 Accused No. 1 Subodh Kumar Jain informed the hospital that he wished to remove accused No. 2 to a government hospital for further treatment. Accordingly, he asked for the final bill. Accused No. 1 is also stated to have deposited Rs. 15,000/- in cash on that day i.e. 28th July 1995 for being adjusted towards the dues at the time of discharge of Accused No. 2. The complaint states that total bill for hospitalization in the nursing home, including the professional fee of the doctors and the nurses for their medical services came to Rs. 1,06,251/-. Accused No. 1 paid Rs. 35,000 in three Installments: Rs. 10,000/- by cheque on 19th May 1995; Rs. 10,000/- in cash on 16th July and Rs. 15,000/- in cash on 28th July 1995. As regards the balance of Rs. 71,251/- a bill was presented to Accused No. 1 on 29th July, 1995 at the time of discharge of Accused No. 2. Thereafter in paras 14 and 15 of the Complaint it is stated as under:

14. That the accused No. 2 at the instance of accd. No. 1 lodged a report with the police that accd. No. 1, who got him admitted in the said nursing home now wants to shift him to government hospital and is not agreeing to pay the hospitalization hill (sic bill) of the said Nursing Home for his medical treatment. While in the beginning at the time of getting him admitted he agreed to bear each and every penny of medical treatment.

15. That on 29.7.95 a bill amount to Rs. 71,251.00 was presented to accused No. 1 at the time of discharge of accu