Free Judgments

Shivraj Gupta vs Hansraj Gupta & Co.P.Ltd. on 5 June, 2015

1. The present petition under Section 482 Cr.P.C. seeking
quashing of criminal complaint No. 25 of 2007 titled as “M/s. Hansraj
Gupta & co. Pvt. Ltd. vs. Shri Shivraj Gupta” and the order of
summoning dated 20th April, 2010, passed by the court of
metropolitan magistrate, New Delhi whereby Metropolitan Magistrate
took cognizance of the offence under Section 630 of the Companies
Act 1956 and issued summons to the petitioner.
2. In the present petition, it is alleged that respondent/complainant
Company has played fraud upon the trial court by suppressing
material facts. The same are :
i) Alleged Board Resolution dated 14.02.2005 in support of the
Complaint is in violation of order dated 14.01.2005 passed in CS
(OS) No. 43/2005 pending before this Court.

Source: Judgment