Hon'ble Ran Vijai Singh,J.
Learned A.G.A. has accepted notice on behalf of respondent nos. 1 & 2.
Issue notice to respondent no. 3.
Each one of the respondents is accorded eight weeks time to file counter affidavit. Rejoinder affidavit may be filed within next two weeks. List thereafter.
It has been sought to be contended on behalf of petitioner that totally incorrect statement of facts has been mentioned in the F.I.R. and the fact of the matter is that requisite receipt as well as document in respect of 10% discount has already been handed over to the petitioner, in this background it cannot be said that at the point of time of entering into agreement there has been any dishonest intention on the part of the petitioner constituting offence, in this background no cognizable offence has been committed by him. Primafacie arguments advanced requires consideration by this Court. Consequently, till the next date of listing or till submission of report under Section 173 (2) Cr. P.C. whichever is earlier, petitioner shall not be arrested in Case Crime No. 687 of 2010 under Sections 406,420, 504, 506 IPC, Police Station Sector 58 Noida District G.B. Nagar subject to condition that petitioner shall extend all possible cooperation with the on going investigation.
Order Date :- 22.6.2010 Dhruv