- (1.) HEARD Sri G.S. Hajela and Sri V.P. Rai, learned counsel for the applicant Sri Rajendra Kumar Gupta in criminal misc. application no. 13742 of 2008 Sri Pankaj Shukla, learned counsel for the applicants Surendra Kumar Gupta and Sagun Gupta in criminal misc. application no. 32019 of 2008 and Sri V.P. Gupta, learned counsel for O.P. No. 2 Tarun Agarwal, in both the applications.
(2.) CRIMINAL misc. application no. 13742 of 2008 has been filed by the applicant Rajendra Kumar Gupta with a prayer to quash the summoning order dated 8.5.2008 passed by the learned Chief Judicial Magistrate, J.P. Nagar in case no. 1240 of 2007. The criminal misc. application no. 32019 of 2008 has been filed with a prayer to quash the proceedings of criminal case no. 1240 of 2007 pending in the court of learned Chief Judicial Magistrate, J.P. Nagar, both the applications have been filed with a prayer to quash the proceedings of Criminal Case No. 1240 of 2007 pending in the court of learned Chief Judicial Magistrate, J.P. Nagar, therefore, both the applications are being disposed of by a common order.
(3.) THE facts in brief of this case are that the FIR of this case has been lodged by O.P. No. 2 Tarun Agarwal against the applicants Rajendra Kumar Gupta, Sagun Gupta and others on 10.5.2007 at 5.00 p.m. in case crime no. 634 of 2007 under sections 420,504,506 I.P.C. P.S. Amroha Dehat district J.P. Nagar, the above mentioned FIR has been lodged in pursuance of the order passed by the learned magistrate concerned in exercise of the power conferred under section 156(3) Cr.P.C,. It is alleged that O.P. No. 2 Tarun Agarwal was carrying on the business of share and commodity. He had obtained training from R.K. Investment Consultant, Moradabad, M/s Gupta Consority Private Limited, New Dehli, National Commodity of Derogative Mumbai, M/s Vagmans Exchange Mumbai, M/s Vagmans Additional Exchange, New Delhi and National Stock Exchange of India, Amroha. The Manager, Operator, Director, Proprietor and Manager of the above mentioned three companies namely Smt. Neeraj Gupta wife of Sri R.K. Gupta, R.B. Gupta and Sri Naudeep Varshney, Sri S.B.Gupta and his son Sagun Gupta were very clever businessmen, they were misappropriating money of the persons by way of getting the investment done in share and commodity. O.P. No. 2 was having the business relationship with the above mentioned persons. O.P. No. 2 came to know about six months back that the above mentioned persons had misappropriated the money of many persons. O.P. No. 2 had also invested money in the aforesaid business, then O.P. No.2 demanded money from the above persons, which was invested by him in the aforesaid business, but the above mentioned persons were avoiding to return the money, thereafter, they returned the amount of Rs. 41 lacs, remaining amount of Rs. 84 lacs and 50 thousand,which was due, not returned to him. Thereafter, O.P. No. 2 enquired from the Stock Exchange, where he came to known that by forging the signature of O.P. No. 2 in a fraudulent manner, business was done, the amount paid for investment in business was not invested in toto. O.P. No. 2 had invested the money relying upon the accused persons, on 11.4.2007 when O.P. No. 2 along with his friend Sumangalam was sitting in his office, Sri R.K. Gupta, his wife Smt. Neeru Gupta and his son Naudeep Varshney, Sri S.K. Gupta, his son Sagun Gupta alongwith some miscreants came there in a vehicle, they hurled abuses by uttering that today account would be settled, they forcibly entered into the office of O.P. No. 2 by extending threat that in case any complaint was made, O.P. No. 2 and his family members would be done to death, they extended threat that they have not invested the money in business and they refused to return that amount and O.P. No. 2 was asked to do whatever he likes, since then the above mentioned persons were extending threat of life, misbehaving with him and not returning his money, O.P. No. 2 was rescued by Rohtas, Sanjay but after extending threat, they left the office of O.P. No. 2. After lodging the FIR of the above mentioned incident, investigation was done by the I.O. who submitted the final report, the same was protested by O.P. No. 2, protest petition was filed along with the affidavits and some documents, the same was allowed and final report dated 8.10.2007 submitted by the I.O. was rejected on 8.5.2008 by the learned Chief Judicial Magistrate, J.P. Nagar and vide order dated 8.5.2008 Sri R.K. Gupta, Smt. Neeru Gupta, Sri Naudeep Varshney, Sri S.K. Gupta, and Sri Sagun Gupta were summoned to face the trial for the offence punishable under sections 406,420,467,468,471,452, 504 and 506 I.P.C., it was also directed that the proceedings of case would be commenced as a State case. The order dated 8.5.2008 has been challenged by one of the accused Rajendra Kumar Gupta by way of filing criminal misc. application no. 13742 of 2008, the proceedings arising out of the summoning order dated 8.5.2008 have been challenged by Surendra Kumar Gupta and Sagun Gupta by way of filing criminal misc. application no. 32019 of 2008.;