Delhi District Court
Subhash Kumar Sharma vs State Of Nct Of Delhi on 6 February, 2023
IN THE COURT OF MS. SWATI KATIYAR,
ADDITIONAL SESSIONS JUDGE-07,
EAST, KARKARDOOMA COURTS, DELHI
Cr Rev No. 33/2023
Subhash Kumar Sharma
S/o Late Sh. Ved Prakash Sharma
R/o D-29, Vikas Marg, Vikas Complex,
Delhi-110092. ...............Revisionist
Vs.
State of NCT of Delhi
Through Prosecution ............. Respondent No.1
Sh. Dilip Kumar
S/o Not known,
R/o H.No.435, Gali Seesh Mahal,
Sita Ram Bazar, Delhi-110006 .........Respondent No.2
Date of Institution : 01.02.2023
Date of reserving for order: 03.02.2023
Date of Order : 06.02.2023
ORDER:
1. This order shall dispose off the present Criminal Revision Petition filed by revisionist Subhash Kumar Digitally signed SWATI by SWATI KATIYAR KATIYAR Date: 2023.02.06 11:29:11 +0530 Cr. Rev No. 33/2023 Subhash Kumar Sharma Vs. State 1 /8 Sharma against order dated 30.01.2023 passed by Ld. Metropolitan Magistrate, East, KKD in FIR no. 232/2019 u/s. 420/120-B IPC PS Laxmi Nagar in case titled as 'State v. Subhash Kumar Sharma and anr.' whereby non bailable warrants have been issued against the revisionist.
2. It is the case of revisionist that above mentioned FIR was registered in the year 2019 on the basis of complaint made by respondent no. 2 namely Dilip Bhargava in respect of alleged cheating of a sum of Rs. 83,50,000/- with him by three persons including the revisionist herein.
3. It is stated that a bail application no. 741/2019 was pending before Hon'ble High Court of Delhi filed by the revisionist. The revisionist had paid more than Rs. 66.50 lacs till date to respondent no.2. It is stated that the matter pertains to a civil dispute and the revisionist is ready to join the investigation. It is stated that a sum of Rs. 16.5 lacs is left out of the alleged cheating amount and revisionist is trying his best to arrange the remaining amount but due to his failure in making the payment, the Hon'ble High Court passed an adverse order against him.
Digitally signed by SWATISWATI KATIYAR KATIYAR Date:
2023.02.06 11:29:28 +0530 Cr. Rev No. 33/2023 Subhash Kumar Sharma Vs. State 2 /8
4. It is stated that revisionist moved surrender cum bail application before Ld. Trial Court and came to know that charge-sheet has already been filed in this matter way back in November, 2022 but this fact was hidden by the IO from the revisionist and Hon'ble High Court of Delhi.
5. It is stated that revisionist is in talks with respondent no.2 to settle the matter and to pay the final amount in form of a settlement and he undertakes to abide with all the directions of the Court. Thus, it is prayed that order dated 30.01.2023 passed by Ld. Trial Court be set aside.
6. Per contra, Ld. Addl. PP for the State representing respondent no.1 has strongly opposed the revision petition on the ground that revisionist is trying to mislead the Court and evade the proceedings of the Court. It is stated that bail application of revisionist has already been dismissed by Hon'ble High Court of Delhi and thus, revisionist should be directed to surrender before the Court. It is thus prayed that the revision petition be dismissed with costs.
7. The Trial Court Record was also summoned for Digitally signed SWATI by SWATI KATIYAR KATIYAR Date: 2023.02.06 11:29:38 +0530 Cr. Rev No. 33/2023 Subhash Kumar Sharma Vs. State 3 /8 perusal. I have considered the submissions of the revisionist and perused the record carefully.
8. Perusal of the record shows that an anticipatory bail application no. 741/2021 was preferred by revisionist before Hon'ble High Court of Delhi which was taken up for hearing on 14.09.2021. Matter was referred for mediation in view of submissions made by revisionist that he was desirous of making the payment of entire amount and was adjourned for 08.10.2021. On 08.10.2021 the mediation proceedings were still pending between the parties and thus, matter was adjourned to 26.11.2021.
9. On 26.11.2021, the matter was received back from mediation centre as settled and revisionist undertook to honour the settlement in accordance with the schedule contained therein. In view of the submissions made by revisionist, Hon'ble High Court of Delhi was pleased to grant anticipatory bail to the revisionist.
10. Thereafter on 29.04.2022, an application was moved by respondent no. 2 before Hon'ble High Court of Delhi under Section 446A Cr.P.C for cancellation of bail of Digitally signed SWATI by SWATI KATIYAR KATIYAR Date: 2023.02.06 11:29:49 +0530 Cr. Rev No. 33/2023 Subhash Kumar Sharma Vs. State 4 /8 revisionist on account of willful disobey of bail order dated 26.11.2021 by the revisionist. Notice was issued to the revisionist and matter was adjourned for 26.07.2022.
11. On 26.07.2022, counsel for revisionist appeared before Hon'ble High Court of Delhi and made payment of Rs. 10,00,000/- by way of cheque and he was directed to pay balance amount of first installment within ten days from the date of order. The revisionist was also directed to appear in person before the Court. The revisionist failed to appear before the Hon'ble High Court on next date of hearing i.e. 08.08.2022. The Counsel for revisionist gave a cheque of Rs. 5,00,000/- to the counsel for respondent no.2 before the Court . Revisionist was against directed by Hon'ble High Court to appear in person before the Court on 26.09.2022.
12. The revisionist failed to appear before Hon'ble High Court on further dates of hearing i.e. 26.09.2022 and 24.11.2022. He was directed by Hon'ble High Court to make the payment as per directions of the Court. Further directions were given by Hon'ble High Court that in case revisionist failed to make the payment within four weeks Digitally signed by SWATI SWATI KATIYAR KATIYAR Date: 2023.02.06 11:30:04 +0530 Cr. Rev No. 33/2023 Subhash Kumar Sharma Vs. State 5 /8 from 24.11.2022, the bail granted to the revisionist shall automatically be cancelled.
13. The revisionist failed to adhere with the directions of the Hon'ble Court and vide order dated 06.01.2023, Hon'ble High Court directed, " 4. In the circumstances, the order dated 24.11.2022 passed by this Court shall follow. The respondent/State may do the needful...". Thus, the bail granted to revisionist stood cancelled in terms of order dated 06.01.2023 passed by Hon'ble High Court of Delhi.
14. Despite cancellation of bail, revisionist failed to surrender before Ld. Trial Court whereafter vide order dated 30.01.2023, Ld. Trial Court has issued non-bailable warrants against the revisionist.
15. It is against this order of 30.01.2023 passed by Ld. Trial Court that revisionist has approached this Court seeking setting aside of the order. However, the revisionist has failed to show any irregularity or infirmity in the order of Ld. Trial Court.
Digitally signed by SWATI KATIYAR SWATI Date:
KATIYAR 2023.02.06
11:30:15
+0530
Cr. Rev No. 33/2023 Subhash Kumar Sharma Vs. State 6 /8
16. In Kishan Lal v. Dharmendra Bafna & Anr., 2009 (9) SCALE 768 , Hon'ble Supreme Court held, "The revisional court should not interfere with the discretionary jurisdiction exercised by the learned Magistrate unless a jurisdictional error or an error of law is noticed".
17. In the present case, revisionist has failed to surrender before Ld. Trial Court despite cancellation of his bail by Hon'ble High Court of Delhi vide order dated 06.01.2023. The revisionist has also failed to make the payment to respondent no.2 in terms of settlement. Revisionist has been granted sufficient opportunity by the Courts to adhere to his undertakings given before the Court but he has failed to abide by the same.
18. The revisionist has been evading the proceedings of the court and has deliberately not appeared before Hon'ble High Court of Delhi and before Ld. Trial Court due to which, Ld. Trial Court was constrained to take coercive steps against the revisionist.
Digitally signed by SWATI KATIYAR SWATI Date:
KATIYAR 2023.02.06
11:30:26
+0530
Cr. Rev No. 33/2023 Subhash Kumar Sharma Vs. State 7 /8
19. Ld. Trial Court committed no error in issuing non-
bailable warrants against the revisionist to secure his presence before the Court. No infirmity, illegality or error is found in impugned order dated 30.01.2023 passed by Ld. Trial Court.
20. Revision petition is accordingly dismissed.
21. Trial Court Record be sent back to Ld. Trial Court alongwith a copy of this order.
Revision file be consigned to record room after due compliance.
Digitally signed by SWATIAnnounced in the Open Court SWATI KATIYAR Date: KATIYAR 2023.02.06 on 06.02.2023. 11:30:36 +0530 (SWATI KATIYAR) ASJ-07, East, KKD Delhi / 06.02.2023.
Cr. Rev No. 33/2023 Subhash Kumar Sharma Vs. State 8 /8