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IN THE HIGH COURT OF DELHI AT NEW DELHI
SANJEEV NARULA, J
SUNAIR HOTEL LTD. – Appellant
Versus
STATE & ANR. – Respondent
| Table of Content |
|---|
| 1. quashing of criminal proceedings based on the complainant's allegations. (Para 1 , 2) |
| 2. challenge to the filing of complaints and summons order. (Para 3) |
| 3. legal standards for summoning and prima facie cases. (Para 4 , 5) |
| 4. explanation of relevant ipc provisions and judicial principles. (Para 6 , 7 , 8) |
| 5. conditions under section 195 for cognizance of offences discussed. (Para 14 , 16) |
JUDGMENT
SANJEEV NARULA, J.
1. The present petitions under Section 482 read with Section 483 of the Code of Criminal procedure, 1973, “Cr.P.C.” seek quashing of Complaint Case No. 2513/01, titled “Harsh Allagh v. Sunair Hotels Ltd. & Others” filed by Respondent No. 2 against the Petitioners, as well as the summoning order dated 16th December, 2009 passed by the M.M., Patiala House Courts, New Delhi pursuant to the said complaint. By the impugned order, the Petitioners have been summoned for the offences under Sections 211/34/120-B of the Indian Penal Code, 1860., “IPC”.
FACTUAL BACKGROUND
2. Brief facts leading to the filing of the present petitions are as follows:
History of litigation
2.1. VLS Finance Limited, “VLS” entered into a Memorandum of Understanding dated 11th March, 1995 with
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