JUDGMENT :

1. The instant petition under Article 227 of the Constitution of India has been filed for setting aside the order dated 16.11.2019 passed by learned Chief Metropolitan Magistrate, Kanpur Nagar in Complaint Case No. 6077 of 2018 (Dinesh Kumar Gupta Vs. Kamlesh Kumar Gupta and another) under Sections 420, 467, 468, 471, 504, 506, 120-B I.P.C. Police Station Kakadeo, District Kanpur Nagar, whereby the learned Magistrate after exercise its powers under Sections 311 and 202 Cr.P.C. to arrive at just decision of the case has summoned the N.O.C. along with relevant documents from the concerned department as well as to set aside the Judgement and order dated 29.09.2021 passed by learned Sessions Judge, Kanpur Nagar (Kamlesh Kumar Gupta Vs. State of U.P. and another), whereby criminal revision filed by the petitioner against the order dated 16.11.2019 has been rejected.

2. Brief facts of the case are that the respondent no.2 lodged a first information report against the petitioner and his son namely, Aseem Gupta with the averments that the petitioner and the respondent no.2 are real brother. Sri Chunni Lal, the father of the petitioner as well as of the respondent no.2 had established a company in the year 1983 in the name and style of M/s Hazari Lal Laxmi Narayan Private Limited, of which company, the father was the Managing Director, on the other hand, the petitioner and the respondent no.2 were Directors. In the meantime, the company purchased another company running in the name and style of Kannico Cleaners from its erstwhile owners and since then the company was running in the name and style of Kannico. On 30.03.2007, Sri Chunni Lal died. After his death, the petitioner was looking after the finance and account of the company and the petitioner in order to grab the company without any resolution of Board of Directors as well as without any permission of Registrar of Companies submitted a renewal form before the Assistant Director Factory (Karkhana), Uttar Pradesh, Kanpur Division, Kanpur alleging himself to be a proprietor and when the authority asked for the resolution passed by Board of Directors, the petitioner submitted a forged and fabricated document along with N.O.C. alleged to have been issued by the respondent no.2/complainant and Sri Aseem Gupta, the son of the petitioner also conspired in the act of the petitioner. Upon aforesaid averments, a first information report was lodged in Case Crime No. 0213 of 2018 under Sections 420, 467, 468, 471, 504, 506, 120-B I.P.C. at Police Station Kakadeo, District Kanpur Nagar. Thereafter, the matter was entrusted for investigation and on 31.07.2018, the Investigating Officer submitted charge sheet on the ground that another Complaint Case No. 4961 of 2016 was filed by the respondent no.2 against the accused person, wherein the accused persons are facing trial and thus it is not legally tenable to initiate another criminal proceedings but on the protest petition, the learned Magistrate directed for further investigation pursuant to which, again final report dated 16.02.2019 was submitted, again another protest petition was filed upon which, the learned Magistrate, vide order dated 22.05.2019 treated the case as a complaint case. The case was registered as Complaint Case No. 6077 of 2018 (Dinesh Kumat Gupta Vs. Kamlesh Kumar Gupta) under Sections 420, 467, 468, 471, 504, 506, 120-B I.P.C., in which statement of the respondent no.2 was recorded under Section 200 Cr.P.C. During the pendency of the proceedings, the respondent no.2 moved an application under 91 Cr.P.C. for summoning the N.O.C. as well as other documents from the concerned department as a documentary evidence but the same was rejected vide order dated 19.08.2019, which order was never challenged before any Court as such the order dated 19.08.2018 became final. Thereafter, the statement of son of Shubam Gupta was recorded under Sections 200 Cr.P.C. and during the course of trial, the learned Chief Metropolitan Magi