1. The present petition under Section 482 Cr.P.C. seeking quashing of criminal complaint No. 25 of 2007 titled as “M/s. Hansraj Gupta & co. Pvt. Ltd. vs. Shri Shivraj Gupta” and the order of summoning dated 20th April, 2010, passed by the court of metropolitan magistrate, New Delhi whereby Metropolitan Magistrate took cognizance of the offence under Section 630 of the Companies Act 1956 and issued summons to the petitioner.

2. In the present petition, it is alleged that respondent/complainant Company has played fraud upon the trial court by suppressing material facts. The same are:

i) Alleged Board Resolution dated 14.02.2005 in support of the Complaint is in violation of order dated 14.01.2005 passed in CS (OS) No. 43/2005 pending before this Court.

ii) Contempt Application being lA No. 1218/2005 in CS (OS) No. 43/2005 pending against Mr. Rajendra Kumar Gupta and Mr. Ravi Raj Gupta for violation of order dated 14-01-2005 pending before this Court.

iii) Agreement to sell entered into between the Respondent Company and the Petitioner for sale of the farm house property in respect of which the Complaint is filed. The said Agreement is the subject matter of suit for specific per