Delhi District Court
M/S. Welcome World Electrical Pvt.Ltd vs M/S. Rajesh Industries on 3 September, 2015
IN THE COURT OF Ms. REKHA RANI
DISTRICT & SESSIONS JUDGE (WEST) : DELHI
CR No. 55/2015
Unique ID No. 02401R0459252015
M/s. Welcome World Electrical Pvt.Ltd.,
Through Rajeev Ranjan Kumar,
Director,
47A, Second Floor, Flat No.6,
Arjun Nagar, Safdarjung Enclave
New Delhi . . . . Petitioner
Versus
M/s. Rajesh Industries,
A Partnership Firm,
A428, Hiran Kudna Village,
Delhi11 00 41 . . . . Respondent
Date of institution : 01.09.2015
Judgment Reserved on : 03.09.2015
Date of pronouncement : 03.09.2015
ORDER
1. The instant revision bearing Criminal Revision No. 55/2015 is directed against order dated 17.07.2015, passed by the learned Metropolitan Magistrate (NI Act), West/Delhi, vide which learned MM (NI Act) issued nonbailable warrants (in short, 'the NBWs') against the CA No. 55/15M/s. Welcome World Electricals Vs. M/s. Rajesh Industries Page 1 of 6 revisionist/accused and notice to his surety. The revisionist/accused has sought cancellation of the NBWs issued by the learned trial Court and grant of period of three months to make payment of the amount, which was settled before the Mediation Centre, Tis Hazari on 26.10.2013. As per the settlement arrived at between the parties on 26.10.2013, the revisionist/accused had undertaken to pay an amount of Rs. 7,38,622/ in 12 months with 12% interest w.e.f. 28.11.2013.
2. Trial Court Record was requisitioned, received and perused. I have also heard Shri Rajiv Ranjan Diwedi, Advocate for the revisionist/accused.
3. It is submitted on behalf of the revisionist/accused that the Company of the revisionist/accused has gone into provisional liquidation and bank account of the revisionist/accused was also seized, so he could not arrange the payment to be made to the respondent in time. It is further submitted that the revisionist/accused was depressed due to the company having gone into liquidation and since he could not arrange the funds, he did not appear before the learned trial Court, resulting into issuance of NBWs against him. It is also submitted that the revisionist/accused never refused to make payment of the settled amount CA No. 55/15M/s. Welcome World Electricals Vs. M/s. Rajesh Industries Page 2 of 6 and he be given three months time to make the payment. It is also submitted that he has already paid Rs. 2,80,000/ to the respondent as per mediation settlement.
4. Trial Court record reveals that it was at the stage of defence evidence that a settlement was arrived at between the parties before the Mediation Centre,Tis Hazari. However, the revisionist/accused did not adhere to the terms of the mediation settlement. He paid only Rs. 60,000/ and had been seeking repeated adjournments before the learned trial Court. Orders dated 31.05.2014 and 20.09.2014 indicate that the case was adjourned on the request of the revisionist/accused to make payment to the respondent, as per the settlement. Vide order dated 20.09.2014 learned trial Court granted last opportunity to the revisionist/accused to make payment, as per the settlement. Order dated 07.11.2014 indicates that revisionist/accused gave a cheque of Rs. two lacs to the complainant and order dated 17.01.2015 reveals that the complainant submitted that post dated cheque of Rs. two lacs given by the accused was dishonoured. On 17.01.2015 again an adjournment was granted on the request of the learned counsel for the revisionist/accused to make payment.
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5. It is pertinent to mention here that on 31.05.2014, 20.09.2014 and 17.01.2015 the accused was not present before the learned trial Court and a request was made on his behalf by his lawyer. Order dated 09.02.2015 reveals that only a sum of Rs. 3,20,000/ had been paid to the complainant till date and exemption was sought on behalf of the revisionist/accused saying that he was out of station. Learned counsel for the revisionist/accused offered to give a post dated cheque, which was declined by the complainant saying that his earlier post dated cheque for Rs. two lacs was dishonoured. On request of the learned counsel for the revisionist/accused, the matter was again adjourned to 21.02.2015 for appearance of the accused, subject to costs of Rs. 3,000/. On 21.02.2015 again the accused was not present and exemption was sought on his behalf on the ground that he was out of station. Previous cost of Rs.3,000/ was also not paid. The matter was again adjourned, subject to further cost of Rs. Rs. 4,000/ for the next date of hearing i.e. 25.04.2015. On 25.04.2015 again the accused was absent and keeping in view his persistent absence on previous dates, NBWs were ordered to be issued against him. On 04.07.2015 the revisionist/accused was again absent and exemption on his behalf was again sought. Previous cost was also not paid. NBWs issued against him were returned unexecuted. On 17.07.2015 revisionist/accused was again absent and exemption was again sought on CA No. 55/15M/s. Welcome World Electricals Vs. M/s. Rajesh Industries Page 4 of 6 his behalf, which was declined vide the impugned order.
6. In para (iv) of the revision petition it is pleaded as under: "That since the company had gone under provisional liquidation and the Bank account of the petitioner was also seized the petitioner could not arrange to make the payment to the respondent on time. The petitioner was very much depressed due to the company being gone under liquidation and could not even arranged funds and did not even appear before the Hon'ble Court below".
7. Reference is made to order of the Hon'ble High Court dated 13.09.2013. On petition filed under Section 433 (e) of the Companies Act 1956 seeking winding up of Company of the accused (of which revisionist / accused is the Director), the Hon'ble High Court appointed Official Liquidator inter alia to take over assets of the said company and seal its premises. The fact that his company had gone into liquidation was already in knowledge of the revisionist/accused (order of the Hon'ble High Court is dated 13.09.2013) when he arrived at settlement before Mediation Centre with the complainant in this case on 26.10.2013 and gave an undertaking to pay Rs.7,38,622/ with 12 % interest in 12 months. So his explanation as pleaded above to the effect that he was depressed due to the company having gone under liquidation and could not arrange funds and therefore did not appear before learned trial Court CA No. 55/15M/s. Welcome World Electricals Vs. M/s. Rajesh Industries Page 5 of 6 is absolutely baseless and unjustified. The revisionist/accused has already dragged and procrastinated the proceedings under Section 138 of N.I. Act, which was filed way back on 15.02.2010. Hence, he does not deserve further indulgence of the Court.
Revision petition is accordingly dismissed.
Trial Court record alongwith copy of this order be sent back. File of revision petition be consigned to Record Room.
Announced in open Court (Rekha Rani)
dated, the 3th day of District & Sessions Judge (West)
September, 2015. THC/Delhi
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