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2012 Supreme(Del) 2896

P.K.BHASIN
Jubilant Organosys Ltd. – Appellant
Versus
Engineering Traders Corp. – Respondent


Through:Mr. Ramesh Gupta, Sr. Advocate With Mr. Sumit Arora , Mr. Kapil Dua, Advocates
Through:Ms. Jyoti Singh, Sr. Advocate with Mr. Manish Jain , Ms. Swati Sehgal, Advocates for R-1

JUDGMENT :

P.K.Bhasin, J.

The only grievance of the petitioner in this petition is that after the criminal complaint of the respondent no.1-complainant filed against the petitioner under Sections 420/120-B of the Indian Penal Code had been dismissed by the learned Metropolitan Magistrate on the ground that on the basis of pre-summoning evidence adduced by the complainant no case was made out for summoning the petitioner herein the revision petition filed against that order by the respondent no.1-complainant could not have been allowed without issuing any notice to the petitioner of the revision petition.

Mr. Ramesh Gupta, learned senior counsel for the petitioner submitted that the Metropolitan Magistrate had after declining the request of respondent no.1-complainant herein to direct the police to register an FIR against the petitioner under Section 420 r/w Section 120-B IPC in exercise of its powers to that effect under Section 156(3) of the Code of Criminal Procedure, 1973(Cr. P.C.) called upon the respondent no.1-complainant to adduce its pre-summoning evidence as provided under Section 200 Cr. P.C. After recording the pre-summoning evidence the complaint against the petitioner an





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