Delhi High Court - Orders
M/S Nbcc (India) Ltd vs M/S Ancient Infratech (Pvt) Ltd on 22 June, 2020
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
SINDHU KRISHNAKUMAR
22.06.2020 22:09
$~9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 955/2020 & CRL.M.As. 8015-17/2020
M/S NBCC (INDIA) LTD ..... Petitioner
Through: Mr. Sanjeev Mahajan, Advocate.
versus
M/S ANCIENT INFRATECH (PVT) LTD ..... Respondent
Through: Mr. Vishal Panwar, Advocate.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 22.06.2020
1. This hearing has been held through video conferencing.
2. The present writ petition has been filed seeking quashing of Criminal Complaint No. 6373/2018 titled M/s Ancient Infra-tech Pvt Ltd. v. M/s NBCC Ltd. filed under Sections 34, 167, 218, 405, 406, 408, 409, 415, 418, 420, 441, 442, 445, 452, 477A and 120A of the IPC read with Sections 13(2) and 13(1)(d) of the Prevention of Corruption Act, 1988.
3. Ld. counsel for the Petitioner/NBCC (hereinafter, "NBCC") submits that the Trial Court vide its order dated 5 th February, 2020 has dismissed the application under Section 197(1) of the Cr.P.C filed by NBCC. As per the said application, NBCC had submitted that the complaint itself is not maintainable and prayed that the same be rejected due to want of sanction.
4. The submission of Mr. Sanjeev Mahajan, ld. counsel for NBCC, is that the officers of NBCC cannot be called to give evidence against themselves even at this preliminary stage as the same is violative of their legal rights, including their Fundamental Rights under Article 21 of the Signature Not Verified Digitally Signed By:PRATHIBA M SINGH Signing Date:22.06.2020 21:36 Indian Constitution.
5. Mr. Vishal Panwar, ld. counsel appearing for the Respondent, submits that though he has been the Respondent's lawyer in the Trial Court he has no instructions today from the company. He seeks time to take instructions. He further submits that the case is only at the pre-summoning stage and hence, no interference is called for.
6. A perusal of the list of dates and the writ which has been filed shows that the Respondent was a sub-contractor of NBCC and there was a long pending civil dispute between the parties. NBCC awarded some work to the Respondent and a monetary dispute had arisen between the parties. The said dispute has been adjudicated repeatedly in two writ petitions and two LPAs, both by ld. Single Judges and ld. Division Benches of this Court. In 2018, the present criminal complaint, which is at the stage of pre-summoning hearings, has been filed.
7. Considering the nature and the history of the disputes between the parties and the various proceedings, including the two writ petitions and the two LPAs which were adjudicated, this Court is inclined to stay further proceedings in the criminal complaint until the Respondent files an affidavit in this Court. Accordingly, issue notice to the Respondent, returnable on the next date. Let the reply affidavit be filed to the writ petition. In the meantime, proceedings in Criminal Complaint No. 6373/2018 pending before the Metropolitan Magistrate-01, South East District, Saket titled M/s Ancient Infra-tech Pvt Ltd. v M/s NBCC Ltd. shall remain stayed.
8. List on 30th July, 2020.
PRATHIBA M. SINGH, J.
JUNE 22, 2020/dj/T Signature Not Verified Digitally Signed By:PRATHIBA M SINGH Signing Date:22.06.2020 21:36