S P Gupta v. State & Anr

ORDER %

03.11.2011 The challenge in the present petition is to the summoning order dated 26'^ November, 2009 of learned MM as passed in complaint case No. 560/1 titled M/s V.L.S. Financial through Harsh AlJagh v. Dr. S.H. Siddiqui. I have heard Shri Jayant Bhushan, learned Senior Counsel for the petitioner and learned counsel for the respondent/complainant. It is submitted by learned Senior Counsel for the petitioner that petitioner has already been summoned along with co-accused persons under Sec. 500/120B IPC in FIR No.148/2002 of PS Defence Colony and the said matter is pending before Sh. Sunil Chaudhary, ACMM, Tis Hazari Courts. Senior Counsel submits that the allegations against the petitioner in the present complaint are identical Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing. as in the FIR No. 148/2002 and based on this, it is submitted, petitioner cannot be tried twice for the same allegations. counsel for respondent no.2/complainant disputes this submission of learned counsel for the petitioner that the allegations under Sec.500 as in FIR No. 148/2002 and in the complaint case are identical or similar. This Court need not go into this aspect at this stage. However, admittedly, the present complaint case is pending in the court of Sh. Gaurav Rao, MM, Saket. For expediency and in the interest of justice, it is ordered that the said complaint case No. 560/1 pending in the court of Gaurav Rao, MM is transferred to the court of Sh. Sunil Chaudhary, ACMM, Tis Hazari Court and this complaint case will be tried along with the case FIR No. 148/2002 wherein the petitioner along with other co-accused, had already been summoned and are appearing in the matter which is listed for consideration of Charge. It is informed by learned counsel for the .respondent No.2/complainant that he will seek short adjournment in that case so as to make it possible for the complaint case to be transferred to the court of Sh. Sunil Chaudhary, ACMM from the court of Gaurav Rao, MM, Saket. To avoid further delay on this account or any confusion to arise therefrom, it is directed that the case FIR No. 148/2002 pending before Sh. Sunil Chaudhary, ACMM listed for tomorrow will be re-fixed by him for 24'^ November, 2011 and by that time, the aforesaid complaint case will also be transferred from the court of Sh. Gaurav^Rao, MM, Sal<et. It is directed that Sh. Sunil Chaudhary, learned ACMM shall take both the cases together on 24'" November, 2011 also. The learned ACMM shall examine the submissions of parties as per law as to whether the present complaint case was maintainable or not in view of pendency of the case FIR No. 148/2002. ACMM shall further proceed according to law and as he deems appropriate and necessary. The learned ACMM shall also consider the aspect of appearance of petitioner on the similar lines as in the case FIR No. 148/2002. It is expected that learned ACMM shall take up the cases expeditiously. The petition stands disposed of. Copy of the order be given dasti to both the parties. M.L. MEHTA, J NOVEMBER 03, 2011 'raj'

$-70 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3615/2011 S P GUPTA Petitioner Tlirough |V|r. Jayant Bhushan, Sr. Advocate with Mr. Gurpreet and jVjr. Y.S. Dalai, Advocates versus STATE & ANR Respondent Through Ms. Fizani Husain, APP for State (proforma party) Appearance not given on behalf of Respondent no.2 CORAM: HON'BLE MR. JUSTICE M.L. MEHTA