Delhi High Court - Orders
Mr. Mp Agarwal vs The State, Govt Of Nct Of Delhi on 12 January, 2022
Author: Subramonium Prasad
Bench: Subramonium Prasad
$~26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 1253/2021
MR. MP AGARWAL ..... Petitioner
Through Mr. Sidharth Luthra, Sr. Adv. with
Ms. Ruchira Gupta, Mr. Sanjeev
Mahajan, Mr. Anurag Sharma, Mr.
Ayush Kaushik , Mr. Angaj Gautam,
Mr. Kaustubh Seth and Ms. Nancy
Shah, Advocates
versus
THE STATE, GOVT OF NCT OF DELHI ..... Respondent
Through Mr. Amit Chadha, APP with SI
Praveen Kumar, PS Barakhamba
Mr. Vijay Nair, Mr. Keshav Saini and
Mr. Yash Varma, Advocates for R-2
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
ORDER
% 12.01.2022
1. This petition under Section 438 Cr.P.C is for grant of bail to the petitioner in the event of arrest in FIR No.92/2012 dated 11.07.2012 registered at Police Station Barakhamba Road for offences under Section 420 IPC.
2. Facts, in brief, leading to the instant petition are that a complaint was filed by the Authorized Representative/signatory of Parasvnath Developers Ltd. against M/s. Kiran Industries and Investment company Ltd. and it's director namely M.P. Aggarwal (the petitioner herein) before the Trial Court under Section 156(3) Cr.P.C. It is stated that the petitioner herein approached the complainant and represented himself as the absolute owner Signature Not Verified BAIL APPLN. 1253/2021 Page 1 ofSigned Digitally 8 By:RAHUL SINGH Signing Date:20.01.2022 19:07 of land measuring 11.67 acres, situated at Mouza Dabgram, PS Bhakti Nagar, District Jalpaiguri, West Bengal and marketable title in respect of the said land. It is stated that the petitioner represented that the abovementioned land is free from all encumbrances, charges, liens, attachments, claims and other liabilities and that no other person has any right, title/interest in any manner whatsoever. It is stated that the petitioner requested the complainant to develop the said land and for construction of several multi-story buildings on the land. It is stated that believing the representations made by the petitioner herein to be true, both the parties entered into a MoU dated on 01.12.2006 for development of the said land and the complainant paid Rs. 1.01 Cores through cheque No. 093731 Dated 02.12.2006 drawn on UTI Bank Palam, New Delhi. It is stated that as per clause 6B of the said MOU, the petitioner herein and his company was required to hand over the title documents and physical possession of the said land to the complainant. It is stated that despite repeated requests, the petitioner herein neither handed over the title documents nor the physical possession of the land and told the complainant that the title documents of the land were not traceable. It is stated that the petitioner called the complainant for demarcation of the said land so that further process of handing over the possession can be done. It is stated that on 31.08.2007, when one Mr. Anil Kumar Srivastava, an official of complainant company was carrying out the demarcation of the said land, police officials of Police Station Bhakti Nagar came there and informed them that an order of temporary interim injection dated 21-03-05 had been passed by court of Civil Judge Jalpaiguri, W.B. in Suit No. 82/05 in respect of the part of the said land in a Suit filed by one Sh. Kishan Chand Goel against the petitioner herein thereby restraining the petitioner and his team Signature Not Verified BAIL APPLN. 1253/2021 Page 2 ofSigned Digitally 8 By:RAHUL SINGH Signing Date:20.01.2022 19:07 from entering into the said land. It is stated that at the time of preliminary enquiry into the complaint, a notice had been sent to the registered office address of the alleged company i.e. National Highway Gangtok, Sikkim through speed post and same was returned back by one Mr. J.P. Agarwal through post stating that he does not know any person by the name M.P. Agarwal or any company namely Kiran Industries. After enquiry, the Trial Court directed for the registration of FIR and the instant FIR, being FIR No.92/2012 dated 11.07.2012 was registered at Police Station Barakhamba Road for offences under Section 420 IPC.
3. Suit No. 82/05 filed before the Civil Judge Jalpaiguri, West Bengal, has been dismissed.
4. Material on record discloses that the complainant filed a Suit for a decree against Kiran Industries and the petitioner herein for recovery of Rs.2.51 Crores before this Court being CS(OS) 1779/2010. The Suit was decreed by judgment and decree dated 06.05.2019 directing the Defendant No.1/Company to pay a sum of Rs.1.01 Crores. Material on record discloses that after the decree was passed, steps were taken to proceed further in the FIR which was filed way back in the year 2012.
5. This Court on 11.11.2021 had directed the State to file the details of steps taken by the police from the date of filing of the FIR in the year 2012 till 2019 when the FIR was revived once again. The list of dates has been filed along with the Status Report dated 09.12.2021. An additional affidavit has been filed by the petitioner giving out the details of the documents which have already been submitted to the Police. Paragraph No.3 of the said affidavit reads as under:
"3. That the Applicant is filing the present Affidavit in the Signature Not Verified BAIL APPLN. 1253/2021 Page 3 ofSigned Digitally 8 By:RAHUL SINGH Signing Date:20.01.2022 19:07 captioned matter to place on record the following list of documents and information that has been submitted and provided to the Investigation Officer of P.S Barakhamba Road, New Delhi as sought during the course of investigation;
DOCUMENT/INFORMATION DOCUMENTS/INFORMATION
SOUGH BY THE I.O. FURNISHED BY THE
DURING INVESTIGATION APPLICANT
1. Original MoU dated Self attested copy of MoU
01.12.2006 executed between submitted on 19.04.2021 during
the Parties. investigation (Annexure A3 of
Rejoinder)
Copy of MoU submitted on
12.07.2021 during investigation.
(Annexure A8 of rejoinder)
2. Copy of the petition/Civil Filed copies of the certified
Suit NO.82/05 titled Kishan copies by way of Additional
Chand Goel v. M.P. Dabriwal. documents on 27.10.2021 in the
captioned matter
3. Original Ownership detail in Self attested copies of the
respect of subject land following sale deeds with respect
measuring 11.67 acres, situated to the subject land were
at Mouza Dabgram, PS Bhakti submitted on 19.04.2021:
Nagar, District Jalpaiguri, West 1. Sale deed No.2530 year 1985 Bengal (8PP)
2. Sale deed No.3504 1958 (7PP)
3. Sale deed No.1476 (11PP)
4. Mutation case No. IX-11/505 & 507 (R) 85-86 (2PP)
5. L& LR SBPE No.5705935, 5705396, 2472448 (3PP)
6. Land Use Compatibility Certifiate dated 30.07.2007 along with challan Demand notice (3PP) (page 14 pt. 11 of 1st Staus Report dated 25.08.2021) Signature Not Verified BAIL APPLN. 1253/2021 Page 4 ofSigned Digitally 8 By:RAHUL SINGH Signing Date:20.01.2022 19:07 (Annexure A3 of Rejoinder)
4. Original Board Resolution Self attested copy of Board dated 07.07.2006 & 24.11.2006 Resolution dated 24.11.2006 along with minutes of meeting submitted on 19.04.2021 during book issued under signature of investigation.
company's chairman Mrs. Annexure A3 page 20 of Kiran Agarwal. Rejoinder.
Note: It was submitted during investigation on 19.04.2021 that the applicant has signed the MoU. Mrs. Kiran Agarwal, the Director of the Company authorized the Applicant to sign the MoU (Page 14 of 1st Status Report dated 25.08.2021) Note: On 12.07.2021, it was stated that during investigation that only Board Resolution of 24.11.2006 is available which has been submitted. Since there is no system of keeping the minute books in Sikkim therefore there is no minute book of the Company.
Annexure A8 page 30 of Rejoinder.
6. NCR/complaint lodged by Self attested copy of Police MP Agarwal at nearest PS in complaint dated 09.04.2007 respect of subject land's papers submitted on 19.04.2021.
missing. Annexure A3 page 20 of
Rejoinder.
7. Name and detail of all Bank Personal bank account details in
accounts running either in your Indian overseas bank were
name or in your spouse name or submitted as follows:
in your company's name, Account No. 150901000004111
Signature Not Verified
BAIL APPLN. 1253/2021 Page 5 ofSigned
Digitally 8
By:RAHUL SINGH
Signing Date:20.01.2022
19:07
provide the correct A/c Nos., in the name of Mahabir Prasad Bank name and other A/c detail Agarwal.
supported with original Bank Passbook Annexure A8 page 30-31 of Rejoinder.
Further, the old A/c No. of the company was submitted as Axis bank A/c No. 346010200000824.
(page 16 pt. 19 1st Status Report dated 25.08.2021)
8. Self-attested copies of your Submitted on 12.07.2021 during Aadhar Card, Pan Card and investigation.
Passport detail.
Annexure A8 page 31 of Rejoinder.
13. As per point No.3 of the On 12.07.2021, during MoU, being owner of the investigation a copy of the blue subject land, you were print plan of the project to responsible to get all the Siliguri Municipal Corporation approvals/sanctions from the was submitted.
respected authorities for constructing multi-story Annexure A8 page 31 of buildings on the said land, Rejoinder.
whether you applied before any authorities/officers for getting said approvals, if yes provide the self-attested copies of application along with acknowledgement to the respected offices.
Sought vide notice dated 05.07.2021 (Annexure A-5 rejoinder)
6. It is stated by Mr. Sidharth Luthra, learned Senior Counsel appearing Signature Not Verified BAIL APPLN. 1253/2021 Page 6 ofSigned Digitally 8 By:RAHUL SINGH Signing Date:20.01.2022 19:07 for the petitioner, that the petitioner has been co-operating with the investigation. He states that the complainant had filed a Civil Suit being CS (OS) 1779/2010 and that Suit had been decreed by an order dated 06.05.2019 and a decree for a payment of Rs.1.01 Crores has been passed in favour of the complainant. He states that having failed to recover money from Defendant No.1/Company pressure is now being exerted on the Defendant No.2/the petitioner herein for recovery of money. It is further stated by Mr. Luthra that notice under Section 41A Cr.P.C has been issued to the petitioner and petitioner apprehends arrest.
7. Per contra, Mr. Vijay Nair, learned counsel appearing for the complainant, submits that custody of the petitioner is required to unearth the sum of Rs.1.01 Crores which has been siphoned off by the petitioner.
8. Mr. Amit Chadha, learned APP for the State, contends that the petitioner has not been co-operating with the investigating. He states that the petitioner be directed to provide his correct e-mail ID and phone number to the Investigating Officer.
9. Taking into account the fact that the instant FIR was filed in the year 2012, the petitioner is directed to co-operate with the investigation. The learned counsel for the petitioner has supplied the phone number and the e- mail ID of the petitioner which are as follows:
Phone No.: 9434153033 e-mail ID : [email protected]
10. Since the petitioner is accused of an offence under Section 420 IPC, the Police is directed to follow the guidelines as laid down by the Supreme Court in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273, a seven working days notice be given to the petitioner in case Police intends to arrest Signature Not Verified BAIL APPLN. 1253/2021 Page 7 ofSigned Digitally 8 By:RAHUL SINGH Signing Date:20.01.2022 19:07 the petitioner so that he may avail remedies that may be available to him under law.
11. With these observations, the petition is disposed of along with the pending application.
SUBRAMONIUM PRASAD, J
JANUARY 12, 2022
Rahul
Signature Not Verified
BAIL APPLN. 1253/2021 Page 8 ofSigned
Digitally 8
By:RAHUL SINGH
Signing Date:20.01.2022
19:07