JUDGMENT :

1. Heard Sri V.P. Srivastava, learned Senior Advocate holding brief for Sri Vikas Chandra Srivastava, Sri Manish Tiwary, learned Senior Advocate assisted by Syed Imran Ibrahim, learned counsel for the opposite party no.2, Sri O.P. Mishra, learned A.G.A. for the State and perused the record.

2. This criminal revision has been filed by the revisionist-Devinderjeet Singh Sethi challenging the order dated 27.07.2022 passed in Complaint Case No.2322 of 2018 “Rishi Agarwal vs. Devinderjeet and Others”, whereby the court of Additional Chief Judicial Magistrate dismissed an application filed under section-245(2) Cr.P.C. and posted the case for framing of charge under sections-406, 420, 467, 468, 471 and 120B I.P.C.

3. Relevant facts as emerging from record are as below:-

(I) The complainant-Rishi Agarwal lodged an F.I.R. against the revisionist-Devinderjeet Singh, four other named persons and certain unknown persons with the allegations in nutshell that the first informant’s company is in the business of sale and purchase of property in Delhi NCR; the accused-revisionist Devinderjeet Singh Sethi came in his contact in 2012 telling him that he is engaged in the business of giving money on credit; a meeting was fixed by one Piyush Tiwari and they entered into business relations; the complainant trusted the accused Devinderjeet; over a period of time certain disagreements arose with co-accused Piyush Tiwari; Devinderjeet Singh Sethi offered to settle the matter between him and the first informant; a meeting was arranged between all the shareholders and it was agreed that the shareholders shall purchase the first informant’s share holding of Rs.13,22,50,000/-; Devinderjeet Singh Sethi was successful in persuading him to handover original share certificates, blank share forms and certain signed blank papers saying that he will keep them in safe custody and will utilize only when the price thereof Rs.13,22,50,000/-is actually paid to the first informant. A few days thereafter he came to know that by misusing his signed paper, he has been removed from the directorship of the company, M/s. J.S.S. Build Con Pvt. Ltd.; therefore, he filed a separate F.I.R. (Case Crime No.728 of 2016) at Kalikaji, New Delhi in which the investigation is going on.

Further, the first informant asked the accused-revisionist to return all his papers but he kept on avoiding on different pretext; till then, he never doubted the intentions of the accused-revisionist and has always been discussing and getting advised from him about his matters and also about the case, which is going on in NCLT, New Delhi; he came to know on 01.07.2017 that the accused-revisionist has given an application for transfer of 2500 shares in his name by misusing his signed blank papers; it is alleged that he hatched a conspiracy with others; the first informant had never given any consent for transfer of his shares and he got the shares transferred in his own name in a fraudulent manner. Therefore, the case is registered under sections-406, 420, 467, 468, 471 and 120B I.P.C. against the accused-revisionist and others.

(II) The investigation commenced and statements of witnesses were recorded. The Investigating Officer filed a final report purportedly for lack of evidence against the accused persons.

(III) The protest application of first informant was treated as a complaint case and after examination of complainant, his witnesses and inquiry under section 202 Cr.P.C., accused-Devinderjeet Singh Sethi, Piyush Tiwari, Paritosh Kumar Sharma and Ankti Sharma were summoned for the offence under sections-406, 420, 467, 468, 471 and 120B I.P.C. by an order dated 31.07.2018.

(IV) The accused person challenged the summoning order by filing a revision before the court concerned. The Criminal Revision No.187 of 2018 was dismissed and the summoning order was affirmed by an order dated 18.02.2019. It may be noted that the copy of order passed by the revisional court is not available on record.

(V) The in