IN THE HIGH COURT OF DELHI AT NEW DELHI
FIITJEE LTD. – Appellant
Versus
STATE & ORS. – Respondent
| Table of Content |
|---|
| 1. complaint alleges conspiracy and financial deceit (Para 3) |
| 2. court deliberates on the sufficiency of evidence (Para 4 , 5) |
| 3. civil agreements do not preclude criminality claims (Para 6 , 7 , 8) |
| 4. dispute status and need for police intervention questioned (Para 9 , 10 , 11 , 15) |
| 5. civil nature recognized; clarification on potential criminality (Para 26 , 27 , 28 , 30) |
| 6. court emphasizes dual remedy possibility in proceedings (Para 31 , 32) |
| 7. court reaffirms discretion of magistrate in evidence collection (Para 33 , 34 , 35) |
| 8. court dismisses petition; finds no procedural irregularities (Para 42 , 43) |
JUDGMENT :
AMIT MAHAJAN, J.
1. The present petition is filed, inter alia, challenging the order dated 14.02.2019 (hereafter ‘impugned order’), passed by the learned Revisional Court, in Cr.Rev. 395/2018.
2. By the impugned order, the learned Revisional Court had upheld the order dated 19.05.2018, in CC No. 12114/2017, whereby the learned Trial Court had dismissed the application filed by the petitioner under Section 156(3) of the Code of Criminal Procedure, 1973 (‘CrPC’).
3. The brief facts of the case are as follows:
3.1. It is the case of the complaint petitioner that Res
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