- (1.) The present application u/s 482 CrPC has been filed by the applicants with the prayer to quash the entire criminal proceedings of the complaint case no. 3721 of 2014 under Sections 468, 471, 120-B IPC, P.S. Vijay Nagar, District - Ghaziabad and the impugned order dated 1.10.2014 passed by the Additional Chief Judicial Magistrate 2nd, Ghaziabad as also the order dated 30.1.2016 passed by the Additional District & Sessions Judge, Court No.2, Ghaziabad in criminal revision no. 41 of 2015. Further prayer has been made to stay the further proceedings of the aforesaid case.
(2.) It appears that the applicants are partners of M/s Siddhant Enterprises, which is a partnership firm having its registered office at Delhi. It further appears that the opposite party no.2 filed a complaint against the applicants with the allegation that the applicants with a deceitful intention planned a scheme to cheat the complainant with a forged business proposal with the company, namely, 'Donod' having its base at China & Hong-kong but as per the business proposal a sum of Rs. 5.3 lakh cash was to be paid. The complainant under the influence and trust paid the amount of Rs. 5.30 lakhs and handed over the signed cheques without name and date. The applicants handed over a forged receipt of the cash and the cheques to the complainant. When the consignment did not arrive within the stipulated period, the complainant on enquiry found all the documents forged and fake. Statements under Section 200 and 202 CrPC were recorded and the Magistrate concerned being satisfied with the contents of the complaint and the evidence, summoned the applicants to face the trial under Sections 420, 467, 468, 471 and 120-B IPC. The applicants filed discharge application under Section 245(2) CrPC, which was rejected by the concerned Magistrate by the order dated 2.2.2015. Against the said order, the applicants filed criminal revision No. 41 of 2015, which was also dismissed by the Additional Sessions Judge, Court No. 2, Ghaziabad affirming the order passed by the concerned Magistrate, hence, the present application.
(3.) Heard Shri V.P. Srivastava, learned Senior Counsel assisted by Shri Swetashwa Agarwal, learned counsel for the applicants, S/Shri Harish Chandra and Rajiv Gupta, learned counsel for the opposite party no.2 and the learned AGA appearing for the State and perused the record.;