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2024 Supreme(Del) 742

AMIT SHARMA
Shiv Raj Singh – Appellant
Versus
State of NCT of Delhi & Ors – Respondent


Advocates appeared:
Mr. Mukul Gupta, Senior Advocate with Mr. Virendra Rawat, Mr. N.S. Bisht & Mr. Sumit Kr. Mishra, Advocates, for the Petitioner.
Mr. Mukesh Kumar, APP for the State with Insp. Sunil Kumar, IO/PCR and SI Rahul Kumar, EOW.
Respondent no.2 in person and as a AR of Respondent no.3 & 4

JUDGMENT

Amit Sharma, J. - The present petition under Section 397 read with Section 401 of the Criminal Procedure Code, 1973 (`CrPC') assails order dated 17.08.2019 passed by the learned Chief Metropolitan Magistrate, Rohini, Delhi in C.C. No. 529169/2016, whereby the learned Magistrate was pleased to discharge respondents no. 2 to 4 in case FIR No. 177/2013 under Sections 420/406/468/471/384 read with section 120B of the Indian Penal Code, 1860 (`IPC') registered at PS Economic Offences Wing (District South), New Delhi (`EOW').

Background

2. The case of the petitioner, Sh. Shiv Raj Singh as set out in the FIR registered at his instance is as under:

i. The complaint was filed by the petitioner in his capacity as one of the Directors of M/s Kempty Konstructions Private Limited, stating that 988 shares of the aforesaid company were in his name, and it was alleged that the same got transferred to respondent no.2 because the company secretary Sh. A.K. Popli filed fake/forged documents with the Registrar of Companies (`RoC') misusing the digital signatures of the petitioner in the period November-December 2009.

ii. The petitioner alleged that he neither signed any transfer deed nor did he re

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