Pawan Garg vs . Somchai Chaisrichawla on 6 December, 2013

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Delhi District Court

Pawan Garg vs . Somchai Chaisrichawla on 6 December, 2013

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      IN THE COURT OF MS. NAVITA KUMARI BAGHA: MM, NEW DELHI
                                         CC No.16/1/12
Pawan Garg
S/o Late Sh. Madan Gopal Garg
R/o F2, Radhey Mohan Drive,
Village Gadaipur, Mehrauli,
New Delhi.
                                                                              ........ Complainant
            Versus


Somchai Chaisrichawla
S/o Sh. Jagat Singh Chawla
R/o 206, OKI Building,
Surawong Road, Bangkok,
Thailand.
Second Address:
170/910, 4th Floor, Ocean Tower 1,
Ratchadapisek Road, Klongtoey,
Bangkok, Thailand.
Third Address:
W165, Greater KailashII,
New Delhi.
                                                                                   ......... Accused


     Complaint U/Sec.200 of Cr.P.C. for defamation U/Sec.500 & 501 IPC

Order on Summoning:

1.

The complainant had filed complaint on 15.08.2012 U/Sec.200 Cr.P.C. against the accused for offences punishable U/Sec.500 & 501 IPC. The brief facts of the case as narrated in the complaint are as follows: The complainant is Director of following companies: (i) M/s. Brown Kaffee India Ltd., K28, Green Park Extension, New Delhi (ii) M/s. Vyoman Investment and Leasing Pvt. Ltd., 120, Munirka Vihar, New Delhi (iii) M/s. Flamez Mall Management Pvt. Ltd., K28, Green Park Extension, New Delhi (iv) M/s. Curo Power India Pvt. Ltd., K28, Green Park Extension, New Delhi (v) M/s. Flamez Mall (Jalandhar) CC No.16/1/12 Pawan Garg Vs. Somchai Chaisrichawla Page 2 of 9 Pvt. Ltd., K28, Green Park Extension, New Delhi (vi) CMD of M/s. Curo India Pvt. Ltd., K28, Green Park Extension, New Delhi (formerly known as M/s. Dynamic Continental Pvt. Ltd.) which is a prestigious name in North India, especially in Punjab. The complainant also works for social cause and is concerned about the welfare of poor people. He regularly contributes and participates in various charitable programmes organized by various charitable trusts and NGOs. The accused, who is a Thai National with Indian origin, is facing a criminal trial in case FIR No.117/95 U/Sec.14 of Foreigners Act, P.S. R. K. Puram. The Appellate Tribunal for Foreign Exchange, New Delhi, vide its order dated 03.06.2008 has imposed a penalty of Rs.4,53,72,000/ for foreign exchange violations committed by the accused.

On 12.11.2003, the accused had executed a Sale Deed in favour of complainant's wife Smt. Shashi Garg for sale of his company's (M/s. OKI Estate Pvt. Ltd.) property for a total consideration of Rs.40,50,000/ and Sale Deed was executed on duly purchased Stamp Paper and the total sale consideration amount was paid by the complainant's wife to the accused but when the wife of complainant and the accused presented the Sale Deed in the office of Registrar for registration, the staff refused to register the same on the ground that the Enforcement Directorate had directed them not to register any transfer of said property as the same was involved in Enforcement proceedings pending against accused. The complainant's wife filed a Civil Suit for Specific Performance bearing no.1228 of 2011 in the Hon'ble High Court of Delhi titled as 'Shashi Garg Vs. M/s. OKI Estate Pvt. Ltd. and Ors.' against the accused and others. The accused in his Written Statement filed in the said Suit, has made several serious imputations concerning character of CC No.16/1/12 Pawan Garg Vs. Somchai Chaisrichawla Page 3 of 9 the complainant including the following: "2(L) That in the meanwhile, the answering defendants through reliable source came to know the actual character of Mr. Pawan Garg. That though the answering defendants are further investigating, as of now to knowledge, said Mr. Pawan Garg is/was involved in the following criminal/civil cases:

(a) Mr. Karamvir Singh Vs. Pawan Garg, in the Court of Judicial Magistrate, 1st Class/Illaqa Magistrate, Jalandhar, Punjab.

(b) Criminal case against Pawan Garg's firm Dynamic Motors, for selling second hand Opel Corsa repaired Car misrepresenting as new, by Mr. M.M. Duggal. Hon'ble High Court of Delhi declined to quash the FIR registered thereof and dismissed the Crl. M.C. No. 1844/2007.

(c) Mr. Pawan Garg is reported to have tried to illegally grab a Bungalow from a helpless window at Shanti Niketan, New Delhi.

(d) Mr. Pawan Garg is reported to have illegally tried to grab approximate 20 acres land of Begum of Maler Kotla.

(e) Many cases are going on in the District Court of Chandigarh against Mr. Pawan Garg with respect to about 8 acres land in Mullapur in Chandigarh.

(f) Case with respect to illegally grabbing about 4 to 5 acres of land of Ludhiana Improvement Trust in Kichlu Nagar is also pending against Mr. Pawan Garg.

(g) Cases with respect to disputes of the CC No.16/1/12 Pawan Garg Vs. Somchai Chaisrichawla Page 4 of 9 showrooms in Shopping Mall namely Flamez, Malhar Road, Ludhiana. Another dispute with Mr. Prasanna Gupta with regards to illegal construction in violations of building bylaws of the said Shopping Mall. Another dispute with UCO Bank about repayment of loan amount for the said Shopping Mall revealed in CS (OS) 1061/2007. The suit of Mr. Pawan Garg was dismissed by the Hon'ble High Court.

(h) Several cases of cheque bouncing were filed against Mr. Pawan Garg including M/s. Sharma Engineering Corporation (P) Ltd. tried by Court of Judicial Magistrate, 1st Class, Chandigarh.

(i) Dispute with Estate Officer, Chandigarh Industrial and Tourism Development Corporation Limited with respect to Shop No. 17, situated in Hotel Shivalik View. That the Appeal of Mr. Pawan Garg was dismissed."

All the imputations made by the accused are false and concocted with the intention to harm the reputation of the complainant to defeat the suit filed by his wife. The accused's act of filing of Written Statement containing defamatory imputations in the Hon'ble High Court and supplying the copies thereof to the plaintiff, counsel for defendant no.3 & 4 amounts to publication of said imputations. The accused has made and published the imputations concerning character of the complainant intending to harm, and knowing and having reason to believe that such imputations will harm the reputation of the complainant.

2. In presummoning evidence, the complainant examined two witnesses CC No.16/1/12 Pawan Garg Vs. Somchai Chaisrichawla Page 5 of 9 i.e. himself as CW1 and Mr. Ravi Kant as CW2.

3. I have heard the arguments on the point of summoning from counsel Sh.

Pawan Verma for the complainant and perused the record. The present complaint has been filed by the complainant against the accused for making false and defamatory remarks against the complainant. The complainant/CW1, while deposing on similar lines of his complaint, has stated that all the imputations made by the accused against him in his Written Statement Ex.CW1/J filed in the Hon'ble High Court in Civil Suit No.1228/2011 are false and concocted. Regarding the imputations made by the accused, the CW1 has deposed as follows: "The imputation made by accused against me in para 2(L)(a) of the Written Statement are false. The said case U/Sec.138 N.I. Act was dismissed as withdrawn by the complainant therein vide order dated 27.08.2011 passed by Judicial Magistrate First Class, Jalandhar.