JUDGMENT

Swarana Kanta Sharma, J. - The present petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR bearing no. 0093 dated 06.04.2018 under Section 379 of the Indian Penal Code, 1860 registered at Police Station Hauz Khas, New Delhi and the proceedings emanating thereon pending in the court of learned Metropolitan Magistrate, Saket Courts, New Delhi.

2. The case of the prosecution is that in the month of February, respondent no.5 who is an advocate by profession had gone towards Hauz Khas alongwith his clients and had left his mobile phone on the bonnet of a car. After sometime, he asked his client to make a phone call on his phone, after this call was made on his mobile phone, someone from the other side told him that he has taken the phone and was out of station. He also told that his case is pending before a Delhi Court and whenever he will come back to Delhi in April, 2016, he will return the same to him. In the year 2016, he told him that he will return phone in August or September, 2016. Since the phone was not returned. A complaint under Section 156(3) Cr.P.C. was filed for registration of case under Section 379 IPC, on th