IMPORTANT POINT
The court ruled that allegations of misappropriation and forgery in the FIR were unfounded, emphasizing that civil disputes cannot be converted into criminal litigation.

JUDGMENT :

(Arvind Singh Sangwan, J.)

1. By this judgment, Criminal Misc. 5280 of 2023 as well as Criminal Misc. Writ Petition No. 2140 of 2023 are decided as both the petitions arise out of same impugned First Information Report dated 21.11.2022 registered as Case Crime No. 486 of 2022 at Police Station – Sector 113, Commissionerate, Gautam Buddha Nagar, Uttar Pradesh under Sections 406, 409, 420, 467, 468, 471, 504 and 506 of IPC as well as the impugned order passed by the Chief Judicial Magistrate, Gautam Buddh Nagar dated 17.12.2022 directing to register the F.I.R.

2. It is worth noticing that these petitions are pending since 2023 and a coordinate Bench of this Court reserved the judgment on 25.7.2023. However, subsequently on 25.9.2023, the case was again relisted for arguments. Thereafter, the case was listed before another Bench and vide order dated 8.4.2024, the arrest of the petitioners was stayed. On 27.7.2024, again the case was listed before another Bench which passed an order of rescuel and as per the order of Hon’ble the Chief Justice dated 29.7.2024, this case is directed to be listed before this Bench.

3. Arguments were heard and judgment was reserved on 22.08.2024.

4. It is also worth noticing that though detailed petitions as well as detailed replies have been filed relying upon the number of documents and arguments were heard at length from both the sides, however, in view of the settled principle of law that a petition for quashing of F.I.R. is to be decided on the contents of the F.I.R., this judgment is based upon the documents relied upon by the informant as noticed in the impugned order dated 17.12.2022 passed by the Chief Judicial Magistrate, Gautam Buddh Nagar directing the police to register the F.I.R. as well as the contents of the F.I.R. and the affidavit filed by the informant in response to the quashing petitions.

5. Brief facts of the case are that the informant-M/s Abhi Compusoft Private Limited (hereinafter referred to as “informant company”) filed a complaint under Section 156 (3) Cr.P.C. before the Chief Judicial Magistrate, Gautam Buddh Nagar. In the complaint, eight persons were nominated as accused who are referred to as A-1 to A-8 as per the memo of the parties in the complaint as well as name of the accused in the F.I.R. in the same sequence.

6. The complaint which forms basis of registration of the impugned F.I.R. reads as under :

7. The Court of Chief Judicial Magistrate, Gautam Buddh Nagar on 17.12.2022 passed the following order :

8. Two sets of petitioners i.e. A-1 to A-4 have filed Criminal Misc. Writ Petition No. 5280 of 2023 and A-5 to A-8 have filed Criminal Misc. Writ Petition No. 2140 of 2023. Counter affidavits on behalf of informant company are also filed. Both the parties have also submitted their written submissions.

9. Heard Sri Gopal Swaroop Chaturvedi learned Senior Advocate, Sri Dileep Kumar, learned Senior Advocate assisted by Mr. Vipul Ganda and Mr. Vinayak Mittal, learned counsel for the petitioners in Criminal Misc. Writ Petition No. 2140 of 2023 and Sri Manish Tiwari assisted by Ms. Himadri Batra, learned counsel for the petitioners in Criminal Misc. Writ Petition No. 5280 of 2023. We have also heard Mr. Swetashwa Agarwal and Sri Subir Lal, learned counsel for the informant and learned A.G.A. for the State.

10. Learned Senior counsel for the petitioners in Criminal Misc. Writ Petition No. 2140 of 2023 has argued that petitioner (A-5) is the Vice President of DMI Finance Private Limited (herein after referred to as ‘DMI/lender company’). Petitioners (A-6 to A-8) are the Joint Managing Directors, Head of real estate of the lender company.

11. Learned Counsel for the petitioners in Criminal Misc. Writ Petition No. 5280 of 2023 has submitted that petitioner (A-1) is the Director of Omega Infovision Private Limited and Chairman of Stellar Group. Whereas petitioners (A-2 to A-4) are the are the former Directors of Square Infrastructure Private Limited (Borrower Company).

12. The u