SURAJ GARG vs STATE & ANR

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 22nd July, 2025 Pronounced on: 09th September, 2025 + CRL.M.C. 1958/2012 SURAJ GARG .....Petitioner Through: Mr. Rajat Bhalla, Advocate with Petitioner in person. versus STATE & ANR .....Respondent Through: Mr. Hemant Mehla, APP for State with Mr. Satish Kumar, SI, PS- Prashant Vihar. Mr. Tushar Sannu, Ms. Ishika Jain and Ms. Priyankan Tiwary, Advocates for R-2. CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA JUDGMENT SANJEEV NARULA, J.: 1. The present petition filed under Sections 482 and 483 of the Code of Criminal Procedure, 19731 seeks setting aside of the order dated 1st December, 2011, passed by the Metropolitan Magistrate, Rohini Court, Delhi, in the proceedings arising from FIR No. 297/2008 dated 20th May, 2008, registered under Sections 406 and 420 of the Indian Penal Code, 18602 at P.S. Prashant Vihar, Delhi, as well as all consequential proceedings emanating therefrom. By the impugned order, the Metropolitan Magistrate, 1 “CrPC” Signature Not Verified Digitally Signed CRL.M.C. 1958/2012 Page 1 of 14 By:NITIN KAIN Signing Date:09.09.2025 17:03:59 while rejecting the cancellation report filed under Section 173 of CrPC, summoned the Petitioner for the offence punishable under Section 420 of IPC. Factual Matrix 2. Upon perusal of the record, the facts are summarised as follows: 2.1. A complaint under Section 156(3) of CrPC was filed by Sushila Gupta (the Complainant/Respondent No. 2) before the Metropolitan Magistrate. The Complainant alleged that she had issued a cheque of INR 25,000/- (bearing No. 852507) to Suraj Garg, the Petitioner, a Chartered Accountant, towards professional services, which, she alleges, were never rendered. She further alleged that she had advanced an additional sum of INR 1,00,000/-, by wa