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2023 Supreme(Del) 5192

DINESH KUMAR SHARMA
Shiv Kumar – Appellant
Versus
State of NCT of Delhi – Respondent


Advocates appeared:
Mr. Siddharth Aggarwal, Sr Advocate with Mr. Siddharth Luthra, Senior Advocate with Mr. Karan Bharihoke, Mr. Harsh Yadav, Ms. Arshiya Ghose, Mr. Wattan Sharma, Mr. Ashish Batra, and Mr. Sarthak Sachdev, Advocates, for the Petitioners.
Mr. Amit Sahni, APP, for the State with Inspector Mehrab Alam, EOW/New Delhi
Mr. Vijay Aggarwal, Mr. Divyanshu Bhardwaj, Mr. Pankush Goyal and Mr. Kartik Kaushik, Advocates, for Respondent no.2.

JUDGMENT

Dinesh Kumar Sharma,J.

Overview

1. The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 7/2022 dated 18.01.2022 under sections 406/420 r/w 120B of IPC registered at PS EOW, Delhi.

2. The said FIR was lodged on the complaint of respondent No.2, Shivraj Krishna Gupta, against the petitioners, alleging therein, that the petitioners systematically conspired through wilful misrepresentations and duped the complainant to invest a substantial amount of Rs 16 crores approx. (along with assured returns/interest @ 12.5% p.a. till possession which was to be given by 31.07.2019), in a luxurious Golf Resort villa project in Goa undertaken by the petitioners through their company M/s Leading Hotels Limited. It was alleged that in February 2015, one Mr. Girish Sareen (CA and Financial Adviser & Funds arranger for the petitioners and their Group Companies) made false representations with respect to the said project and induced the complainant to entrust the petitioners with his money. The complainant alleged that he was assured by Mr. Girish that the project was in collaboration with a world renowned USA chain namely Four Seasons and that the petitione

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