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2008 Supreme(Del) 497

S.MURALIDHAR
Subodh Kumar Jain – Appellant
Versus
N. C. T. of Delhi – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: Pravir K. Jain and Rohit Priya Ranjan, Advs.
For Respondents/Defendant: Krishan Mahajan, Adv. for R-2 and Rohit Priya Ranjan, Adv. for R-3

JUDGMENT

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


















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