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2023 Supreme(Del) 5446

SWARANA KANTA SHARMA
Premco Rail Engineer Ltd. – Appellant
Versus
State – Respondent


Advocates appeared:
Mr. Chandra Sekhar, Advocate, for the Petitioners.
Mr Manoj Pant, APP, for State/R-1.
Mr. Anurag Ojha, Mr. Gautam Barnwal and Mr. Deepak Somani, Advocates, for R-2.

JUDGMENT

Swarana Kanta Sharma, J.

1. By way of the present petition filed under Section 482 of the Code of Criminal Procedure, 1973 (`Cr.P.C.'), the petitioners seek quashing of summoning order dated 01.10.2019 passed by learned Metropolitan Magistrate (South), Saket Courts, New Delhi (`learned Magistrate') in Complaint Case bearing No. 15987/2018, titled as `Vardhman Precision Profiles & Tubes Pvt Ltd. vs. Premco Rail Engineers Ltd. & Ors.', filed under Section 200 of Cr.P.C., and quashing of entire proceedings emanating therefrom.

2. Brief facts of the case, as per the complainant/respondent no. 2, are that the complainant company i.e. Vardhman Precision Profiles & Tubes Pvt. Ltd. and the accused company/petitioner no. 1i.e. Premco Rail Engineers Ltd. had executed a joint venture agreement dated 10.06.2011 and promoted a joint venture concern namely M/s. Premco and Vardhaman for the purpose of applying for tender/bid dated 13.06.2011 with Rail Vikas Nigam Limited (`RVNL') for construction of sheds structures, porta blocks, water supply arrangement, general electric works,etc. and the said work contract had been granted in favour of the joint venture by RVNL. The complainant company

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