ANIL SOOD Vs. STATE

JUDGEMENT

(1.) BY way of this petition under Section 482 of the Code of Criminal Procedure, 1973 the petitioner seeks setting aside of the order dated 25.3.2014 passed by learned Additional Sessions Judge, West, Delhi whereby revision petition filed against the order dated 13.1.2014 passed by Metropolitan Magistrate was dismissed.

(2.) THE petitioner filed a complaint under Section 200 of the Cr.P.C. for summoning the accused under Sections 420/406/506 IPC on the allegations, inter alia, that in the year 2010 prospective accused Manmeet Singh approached the petitioner that he had experience in the manufacturing of motorcycle silencers and if the complainant could arrange funds to the tune of Rupees 1.00 crore (Rupees one crore) approximately, in that event he will enter into partnership with the complainant and that by carrying out the said business, they would earn huge profits. The petitioner entered into partnership business under the name and style of M/s H.R. Industries and the petitioner invested a sum of Rs.43.00 lakhs (Rupees forty three lakhs) during the period 2.6.2010 to 4.9.2010. The said amount was duly endorsed by Respondent No.2/Manmeet Singh. Thereafter the petitioner could not arrange further funds. On 23.12.2012 the petitioner managed to pay Rs.38.00 lakhs (Rupees thirty eight lakhs). A partnership deed dated 24.12.2012 was also executed. The partnership business started in Khasra No.344, Village Hiran Kudna, Mundka, New Delhi with old machines and raw material purchased by Mr. Manmeet Singh who applied for VAT registration in the name of partnership firm. The VAT registration was allowed by the competent authority on 20.2.2013.

(3.) THE petitioner/complainant also alleged that on 7.7.2013 the petitioner visited the factory premises and found that accused, Manmeet Singh had looted the machines and raw materials in trucks bearing No.HR -69B -4786, HR -55D -6032, HR -63 -6149 and HR -55Q - 5091 and was in the process of taking away the goods which belonged to the partnership business. When the complainant raised an objection, the accused, Manmeet Singh along with his father threatened the complainant to take his life. The petitioner informed PCR on 9.7.2013 and 10.7.2013. The PCR officials took the trucks as well as prospective accused to P.S Mundka but the local police colluded with him and the trucks were let off. The petitioner also sent a complaint dated 9.7.2013 to DCP, West and another complaint on 12.7.2013 to Joint Commissioner of Police, Police Head Quarter I.P. Estate, New Delhi but no FIR was registered.