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2023 Supreme(Del) 3574

SWARANA KANTA SHARMA
Pradeep Alexander – Appellant
Versus
State (NCT of Delhi) – Respondent


Advocates appeared:
Mr. Sitikanth Nayak & Mr. Yash Ahluwalia, Advocates, for the Petitioners.
Mr. Amol Sinha, ASC for State, Mr. Khitiz Garg, Mr. Ashvini Kumar, Advocates with Inspector Awadhesh Kr. Singh, PS EOW, New Delhi
Mr. S.K. Sharma, Advocate, for the Respondent-2.

JUDGMENT

Swarana Kanta Sharma, J. The present petition has been filed on behalf of the petitioners under Section 482 of the Code of Criminal Procedure, 1973 (`Cr.P.C.') seeking quashing of FIR bearing no. 0184/2021 registered at Police Station Economic Offences Wing, New Delhi for offences punishable under Sections 406/420/120B of the Indian Penal Code, 1860 (`IPC').

2. Brief facts of the case as per the present FIR are that petitioners had persuaded the respondents to invest Rs.3.50 Crores in a project, videlicet, American University of India incorporated on 25.08.2009 under Companies Act, 2013 and later had allegedly syphoned off the entire amount. The Hon'ble Madras High Court had quashed the FIR bearing no. 51/2018 vide order dated 12.04.2019 on the basis of amicable settlement between petitioner no.1 and third party. The respondent no.2/complainant had filed two complaints dated 22.01.2021 and 12.04.2021 against petitioners. The petitioners had received two notices dated 19.07.2021 and 29.07.2021 for preliminary investigation into the said complaints, respectively. Thereafter, on 03.12.2021, the present FIR was lodged against petitioners. The learned Trial Court had rejected a

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