V.K. Shali, J. (oral);—

1. This is a petition under Section 482 Cr.P.C. for quashing of the complaint case No.91/1/02 titled A.P. Arora Vs. V. N. Gupta & Ors Under Section 471 read with section 34 IPC pending in the Court of Shri Deepak Sehrawat, the learned Metropolitan Magistrate, Saket, New Delhi.

2. Briefly stated the facts of the case are that the petitioner nos.1 and the respondent no. 2 entered into a collaboration agreement on 30.10.1992 for developing the plot bearing no. 287, Shivalik, Malviya Nagar, New Delhi. In the year 1992-93, the plot was stated to have been developed in terms of the agreement. In the year 1993, the respondent No.2 felt aggrieved on account of certain deficiency on the part of the petitioner No.1, and accordingly, he invoked the arbitration clause of the agreement and filed a suit bearing No.2521/1993. In February, 2002, the respondent No.2 filed a criminal complaint in question under Section 200 Cr.P.C., against V.N.Gupta/petitioner No.1, R.P.Gupta/petitioner No.2 and S.P.Garg/petitioner No.3 stating that they in furtherance of their common intention, have committed the offence of cheating and criminal conspiracy, which is punishable under