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2022 Supreme(Del) 1183

ASHA MENON
Ravi Vansha Narayan Mathur And Another – Appellant
Versus
State And Another – Respondent


Advocates appeared:
Mr. Vinay Kumar Garg, Sr. Adv. with Mr. Rajendra Singhvi, Mr. Parv Garg, Mr. K.S. Rekhi, and Mr. Pawas Kulshrestha, Advs, for the Petitioners; Mr. Piyush Singhal, Advocate, Mr. Ashish Aggarwal, ASC, with SI Dharam Singh. Mr.A.M.Dar, Sr.Adv. with Mr. J.S. Lamba, Mr.Danish Majid Da, for the State; Mr. Anant Vikram, Advs. with in perso, for the RespondentNo. 2

JUDGMENT

1. This petition has been filed under Article 226 of the Constitution of India read with Section 482 Cr.P.C. for quashing the order dated 14th March, 2016 passed by the learned Metropolitan Magistrate-03 (for short, 'MM'), South District, Saket, Delhi.

2. The facts as are relevant for the disposal of the present petition are that the petitioners and respondent No.2 entered into a commercial transaction where under the petitioners had leased out a property at Jaisalmer. The petitioner No.1 was a partner in the partnership firm by the name of M/s SRM Heritage Jaisalmer having its registered office at Mumbai. The petitioner No.2 was working as the Chief Development Officer of the partnership firm at the relevant time. The respondent No.2 is the Director of M/s JAH Developers Pvt. Ltd. ('company') alongwith two other Directors, Mrs. Jaswanti Panwar (wife of respondent No.2) and their son Mr. Anuj Panwar. This company had constructed a hotel situated at Plot Nos.14, 15 & 16, Barmer Road, Jaisalmer known as Hotel Jaisal Villas in the year 2009, apparently taking a huge loan from the State Bank of India. It is this property that was taken on lease by the petitioners through Lease D

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