JUDGMENT :

DIPANKAR DATTA, J.

THE APPEAL

1. This appeal, by special leave, is at the instance of a German company (“the appellant” hereafter). It assails a short five-line order of a learned Judge of the High Court of Delhi (“learned Judge” hereafter) dated 10th December 2010. By such order, the learned Judge dismissed a petition¹ [Crl. M.C. No. 2845/2010] under section 482 of the Code of Criminal Procedure, 1973 (“Cr. P.C.” hereafter) presented by the appellant as not maintainable relying on the decision of this Court in Iridium India Telecom Ltd. vs. Motorola Incorporated and Others, (2011) 1 SCC 74 and a Bench decision of the High Court of Delhi in Morgan Tetronics Ltd. vs. State and Another, LPA No. 668/2010 dated 17th September 2010.

CHALLENGE BEFORE THE HIGH COURT OF DELHI

2. Appellant had approached the High Court of Delhi taking exception to an order dated 25th March 2010 passed by the Additional Chief Metropolitan Magistrate (SE), New Delhi (“Trial Court” hereafter) on a complaint² [C.C. No. 465/1/09] lodged under section 200, Cr.P.C. by the respondent (“complainant” hereafter). The Trial Court upon considering the complaint returned a prima facie finding in the said order that