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Navendu Agarwal vs State (Nct Of Delhi) on 5 January, 2023

Author: Anup Jairam Bhambhani

Bench: Anup Jairam Bhambhani

                          $~8
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     CRL.REV.P. 272/2022 & CRL.M.A.8681/2022
                                NAVENDU AGARWAL                                            ..... Petitioner
                                                    Through:     Mr. Kunal Malhotra and Mr.
                                                                 Ravinder Gaur, Advocates.

                                                    versus

                                STATE (NCT OF DELHI)                                     ..... Respondent
                                                    Through:     Mr. Shoaib Haider, APP for the State
                                                                 with SI Kunal Kumar, P.S.: Dwarka
                                                                 Sector-23.

                                CORAM:
                                HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
                                                    ORDER

% 05.01.2023 Crl. Rev. P 272/2022 A perusal of order dated 10.01.2022 made by the learned ACMM, South West, Dwarka, shows that the revisionist/petitioner was chargesheeted for commission of offence under section 380 of Indian Penal Code, 1860 („IPC‟) in relation to a demand draft in the sum of Rs. 4,52,000/-, which was made in favour of the Superintendent MDM Hospital Jodhpur in connection with a tender for which the complainant/Jai Prakash had placed a bid.

2. The order further records that since the complainant did not qualify for the tender, the demand draft was returned to Jai Prakash who kept it in his drawer; the allegation being that the petitioner " ... stole the Signature Not Verified Digitally Signed By:NEERAJ Signing Date:06.01.2023 CRL.REV.P. 272/2022 Page 1 of 3 14:26:13 demand draft from his drawer and deposited in his account ...". The court then proceeds to record that since the petitioner failed to return and had appropriated the amount comprised in the demand draft," ... prima facie case for commission of offence under section 406 of criminal breach of trust is made out ..." against the petitioner.

3. In this backdrop, vide order dated 23.02.2022, the learned ACMM, has proceeded to frame charge against the petitioner for the offence under section 406 IPC.

4. Learned counsel appearing for the petitioner submits that the foregoing position is self-contradictory, inasmuch as either the petitioner can be accused of theft or of criminal breach of trust, depending on whether the prosecution alleges that there was entrustment to the petitioner of the money comprised in the demand draft.

5. Issue notice.

6. Mr. Shoaib Haider, learned APP accepts notice on behalf of the State and submits that Status Report dated 15.07.2022 has already been filed, in compliance of order dated 06.05.2022.

7. Mr. Haider seeks some time to place on record a complete copy of the chargesheet alongwith the documents attached thereto.

8. At request, re-notify on 20th March 2023. Crl M.A.8681/2022 (stay)

9. By way of this application, the applicant/petitioner seeks stay of proceedings before the learned ACMM, South West District, Dwarka Courts in CR No 292/2022 titled "State vs. Navendu Aggarwal".

10. Issue notice.

11. Mr. Haider accepts notice on behalf of the State.

12. In view of the above discussion, further proceedings before the learned ACMM shall remain stayed, till the next date of hearing.

13. Re-notify on 20th March 2023.

ANUP JAIRAM BHAMBHANI, J JANUARY 5, 2023/ak Signature Not Verified Digitally Signed By:NEERAJ Signing Date:06.01.2023 CRL.REV.P. 272/2022 Page 3 of 3 14:26:13