Order 9

Order Details: COPY OF ORDER
Pdf Text: 56Ct. Cases1753/2023
MUKESH KUMR SURYA Vs. AMIT TRIVEDI
/0 (Model Town)
14.01.2026
Present: Ms. Ira Arora & Ms. Kritika Kharub, Ld. Counsels for the complainant.
Arguments concluded. Clarifications sought.
Put up for orders at 04:00 PM.
(Himanshu Sehloth)
JMFC-03/ North/ Rohini/ Delhi
14.01.2026
At 04:00 PM
Present: None.
Vide this order, this court shall decide the application u/s 156 (3) Cr.P.C.
The present complaint has been instituted by the complainant Mukesh Kumar
Sharma, who is one of the directors of M/s Brackish Life Care Private Limited, engaged in
the business of deodorant products. The proposed accused, namely Amit Trivedi, is stated to
be a director of M/s Medlexica Trading House LLP.
It is the case of the complainant that business relations between the parties
commenced in the year 2021, whereby the proposed accused initially acted as a distributor
of the complainant’s products on consignment basis. Subsequently, a proposal was made by
the proposed accused to operate as a branch depot for North India, pursuant to which a
Memorandum of Understanding dated 06.05.2022 was executed. The complainant alleges
that thereafter the proposed accused dishonestly received goods directly from Pune to
Kanpur without acknowledgment, concealed his directorship in M/s Medlexica Trading
House LLP, wrongfully induced the complainant to appoint him as a director in the
complainant company, and later committed acts of financial mismanagement. It is further
alleged that the proposed accused demanded exaggerated salary, remuneration, and
expenses, coerced the complainant into transferring a car in his name, failed to supply
accounts and records, re-labeled manufacturing dates of products, misappropriated goods
and funds amounting to approximately Rs. 57 lakhs, and extended threats to the
complainant.
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On the basis of these allegations, offences u/s 406/420/468/500/506/120-B IPC have been
alleged and the present application u/s 156 (3) Cr.P.C. has been filed seeking directions for
registration of FIR and investigation.
The complainant approached the police officials but they did not take any
action and therefore the present complaint before the court for issuing necessary direction
has been made. The complainant in support of his claim has also furnished the registration
and other documents of M/S Brackish Life Care Pvt Ltd, copy of MOU dated 06.05.2022,
documents of transfer of car, details of bank accounts etc.
Pursuant to directions of this Court, an Action Taken Report was filed by SI Sonal Raj, PS
Model Town, on 22.08.2024. As per the ATR, notice was issued to the proposed accused,
who joined the inquiry and his statement was recorded. The proposed accused admitted the
business relationship with the complainant since 2021 and stated that the complainant had
induced him to invest money with an assurance of 6% profit. He claimed to have invested
amounts including Rs. 2.5 lakhs initially and subsequently Rs. 20 lakhs, and asserted that
goods worth Rs. 16 lakhs were returned to the complainant as reflected on the GST portal.
He further claimed that an amount of approximately Rs. 53 lakhs was due to him from the
complainant. It is further noted in the ATR that the proposed accused has already lodged
FIR No. 798/2023 u/s 406/506 IPC at PS Chhakori, Kanpur, against the complainant and
others, in which a charge-sheet has been filed. A civil dispute between the parties is also
stated to be pending. The inquiry officer verified bank transactions between the parties and
concluded that the dispute pertains to business dealings conducted at Kanpur, Uttar Pradesh,
and that no cognizable offence was found to be made out.
I have considered the application u/s 156 (3) Cr.P.C., and the ATR on record.
At the outset, the identity of the proposed accused is admitted and well known to the
complainant. The allegations arise from a long-standing commercial relationship governed
by an MOU and subsequent financial transactions. The material on record, including the
complainant’s own averments and the ATR, clearly reflects that the dispute essentially
concerns business investments, profit-sharing, accounts, return of goods, remuneration, and
alleged dues, which are matters falling predominantly within the realm of civil and
commercial law. The existence of a pending civil dispute and a counter FIR already
registered and charge-sheeted against the complainant further lends credence to the
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conclusion that the present complaint bears the character of a counter-blast to the
proceedings initiated by the proposed accused.
No specific circumstance has been shown which would necessitate custodial
interrogation or scientific/forensic investigation. The allegations of forgery and re-labeling
are bald assertions at this stage and can be examined, if at all, on the basis of evidence to be
led by the complainant. The transactions are largely documentary in nature and within the
knowledge and possession of the complainant.
It is well settled that the power u/s 156 (3) Cr.P.C is to be exercised sparingly and only
where police investigation is indispensable. In the present case, the complainant is fully
capable of leading evidence in support of his allegations, and no purpose would be served
by directing registration of FIR at this stage.
Accordingly, this Court is of the considered opinion that no ground is made out for issuance
of directions u/s 156 (3) Cr.P.C.
In view of the foregoing discussion, the application filed by the complainant
u/s 156 (3) Cr.P.C. is dismissed. However, complainant is not without judicial succor.
The dismissal of the application u/s 156 (3) Cr.P.C does not preclude the
complainant from proving his case in accordance with law by leading pre-summoning
evidence.
It is clarified that, if during the course of proceedings any limited police
assistance is found necessary for the purposes of inquiry or verification, the same may be
sought and considered in accordance with Section 202 Cr.P.C., as per law.
Put up for PSE on 06.05.2026.
(Himanshu Sehloth)
JMFC-03/ North/ Rohini/ Delhi
14.01.2026
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