Rakesh Sharma vs State of NCT of Delhi

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 4338

SWARANA KANTA SHARMA
Rakesh Sharma – Appellant
Versus
State of NCT of Delhi – Respondent

Advocates appeared:
Mr. Rakesh Kakar and Ms. Varsha, Advocates, for the Petitioner.
Mr. Manoj Pant, APP, for the State with SI Pradeep, P.S. Lajpat Nagar.
Mr. Parth Chaturvedi, Advocate, for R-2

JUDGMENT

Swarana Kanta Sharma, J.

1. By way of present petition under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.'), the petitioner seeks setting aside of order dated 22.02.2020 passed by learned Additional Sessions Judge-04, South East, Saket Court, New Delhi in Criminal Revision No. 593/2019, and quashing of FIR bearing no. 56/2008 registered at Police Station Lajpat Nagar, New Delhi under Sections 406/420 of Indian Penal Code, 1860 (IPC).

2. Briefly stated, the facts of the present case are that respondent no. 2 had lodged a complaint with the police whereby he had stated that he had good relations with the accused persons including the present petitioner and by misusing the same, the petitioner and his brother in May, 2000, had induced the complainant to invest money in their business on the pretext that it would give good returns to the complainant. Upon their insistence, the complainant had invested Rs.1,00,000/-. It was stated that in order to gain trust of the complainant, the accused persons had given him Rs.2,000/- each on two occasions. Thereafter, the complainant had again given Rs.1,56,000/- to the petitioner by taking the same from his friend Satvir