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2015 Supreme(Del) 3491

S.P.GARG
MOHAN KUKREJA – Appellant
Versus
STATE – Respondent


Advocate Appeared:
Ms. Rebecca M. John, Senior Advocate along with Mr. Vishal Gosain, Ms. Geetika Kapur, Mr. Harsh Bora & Ms. Nicy Paulson, Advocates
Mr. Suman Kapoor, Advocate
Mr. Sanjeev Sabharwal, APP. Mr. Navin Chawla, Mr. Aditya V. Singh, Mr. Ricky Kundra, Mr. Ketan Paul & Mr. Siddhartha, Advocates for R2. Mr. Gurbaksh Singh, Ms. Richa & Ms. Aashna, Ms. Meenakshi Arora, Senior Advocate along with Ms. Bansuri Swaraj & Ms. Shreya Bhatnagar, Advocates for R3.

Judgment :

S.P.GARG, J.

1. Instant revision petitions have been preferred by the petitioners to challenge the legality and correctness of an order dated 19.05.2007 of learned Metropolitan Magistrate whereby they were ordered to be charged for commission of offences under Sections 420/468/471/120B IPC. The petitions are contested by the respondents. I have heard the learned counsel for the parties and have examined the file.

2. At the outset, it may be mentioned that during arguments, learned Senior Counsel for the petitioners, on instructions, stated that petitioners have opted not to challenge the impugned order under Section 471 IPC. Arguments were restricted / confined to challenge the correctness of the charges under Sections 420/468/120B IPC. Learned Senior Counsel would urge that ingredient of Sections 415 IPC and 468 IPC are not attracted in the instant case. There was no “representation” made by the petitioners to respondents No.2 & 3 and no “property” whatsoever was delivered by them pursuant to that. Merely because of alleged forgery of the documents i.e. Retirement Deed and Receipts, it cannot be inferred that the petitioners were liable for committing offences under Sectio






























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