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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1712/2009 & CRL.M.A. 13863/2009
KK AHUJA ..... Petitioner
Through: Mr. Mohit Mathur, Advocate with
Mr. Rakesh Malhotra and Mr. Saurabh
Kalia, Advocates.
versus
STATE NCT OF DELHI & ANR. ..... Respondent
Through: Mr. Rajesh Mahajan, ASC (Crl.) for
State with Ms. Urvi Kuthiala, Avocate for
respondent No.1.
SI Arun Kumar Verma, E.O.W.
Ms. Ranjana Roy Gawai, Advocate
with Mr. Shailesh Suman, Advocate for
respondent No.2.
% Date of Decision : 07th August, 2012
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
JUDGMENT
MANMOHAN, J :
1. Present petition has been filed under Article 226 of the Constitution of India read with Section 482 Cr.P.C. for quashing of FIR No. 42/2009 registered with Police Station Safdarjung Enclave, Delhi under Sections 420/406/120B/34 IPC.
W.P.(CRL) 1712/2009 Page 1 of 6
2. Mr. Mohit Mathur, learned counsel for petitioner states that after filing of the present petition, disputes between the parties were settled by way of a Memorandum of Settlement/Arrangement dated 26th April, 2010. According to the schedule of payment annexed with the aforesaid Memorandum of Settlement/Arrangement, the following amounts were to be paid to the petitioner by the following parties including the respondent No. 2:-
"CO'S BANK CHQ.NO. CHQ. FAVORING AMOUNT
NAME DATE
Rockman Citi 500534 4/5/2010 Ahuja Impex 10000000.00
Projects Ltd. Bank Pvt. Ltd.
Rockman Citi 500535 5/6/2010 Ahuja Impex 20000000.00
Projects Ltd. Bank Pvt. Ltd.
Rockman Citi 500536 5/7/2010 Ahuja Impex 30000000.00
Projects Ltd. Bank Pvt. Ltd.
Rockman Citi 500537 5/8/2010 Ahuja Impex 32500000.00
Projects Ltd. Bank Pvt. Ltd.
Mr. Chandra Citi 011517 5/8/2010 Mr Abhishek 2500000.00
Shekhar Bank Ahuja
Agarwal
Rockman Citi 500540 7/9/2010 Ahuja Impex
Projects Ltd. Bank Pvt. Ltd. 19500000.00
Rockman Citi 500539 7/9/2010 Mr.Abhishek 2500000.00
Projects Ltd. Bank Ahuja
Mr. Chandra Citi 011515 7/9/2010 Mr.Abhishek 500000.00
Shekhar Bank Ahuja
Agarwal
Mr. Chandra Citi 011516 7/9/2010 Mr.Abhishek 2750000.00
Shekhar Bank Ahuja
Agarwal
Rockman Citi 191466 7/9/2010 Mr.Abhishek 3250000.00
Breweries Bank Ahuja
(TNK) Ltd.
W.P.(CRL) 1712/2009 Page 2 of 6
Rockman Citi 191467 7/9/2010 Krishna 2500000.00
Breweries Bank International
(TNK) Ltd.
Rockman Citi 500542 7/9/2010 Ahuja Impex 2500000.00
Projects Ltd. Bank Pvt. Ltd.
Rockman Citi 191469 7/9/2010 Delhi Paints 500000.00
Breweries Bank & Oil
(TNK) Ltd. Traders
Rockman Citi 191470 7/9/2010 Evergreen 1500000.00
Breweries Bank Roadlines
(TNK) Ltd. (Regd.)
Rockman Citi 191471 7/9/2010 Ahuja Impex 2000000.00
Breweries Bank Pvt. Ltd.
(TNK) Ltd.
NET TOTAL 132500000.00
3. However, as the aforesaid payment schedule was not adhered to, another settlement was executed between the parties before the Company Law Board on 28th February, 2012. Today, a photo copy of the said Settlement has been handed over in Court. The same is taken on record.
4. The relevant portion of the subsequent Settlement is reproduced hereinbelow:-
" xxx xxx xxx In terms of the Settlement Agreement dated 26.04.10 a total consideration of Rs.13.25 Crores was to be paid by the Respondents to the Petitioner towards a global settlement of all disputes between the parties and withdrawal of various litigations pending between the parties. The parties during the course of the hearing, in order to settle the matters amicably have consented to the following:
W.P.(CRL) 1712/2009 Page 3 of 6
1. There is some difference in the amount paid in terms of MOS dated 26.04.2010. The respondents state that an amount of Rs. 3.00 Cr has been paid, whereas the petitioner states that only an amount of Rs. 1.00 Cr has been paid. The parties will reconcile their accounts regarding the outstanding amount by 01.05.2012 and will report accordingly to the CLB.
2. The respondents have agreed to pay a balance sum (reconciled till date) of Rs. 10.25 Cr. as per the following schedule S. No. Date of Payment Amount
1. 01.04.2012 Rs.1,00,00,000/-
2. 30.04.2012 Rs.2,00,00,000/-
3. 01.06.2012 Rs.1,00,00,000/-
4. 01.07.2012 Rs.1,00,00,000/-
5. 01.08.2012 Rs.1,00,00,000/-
6. 01.09.2012 Rs.1,00,00,000/-
7. 01.10.2012 Rs.1,00,00,000/-
8. 01.11.2012 Rs.1,00,00,000/-
9. 01.12.2012 Rs.1,25,00,000/-
Total Rs.10,25,00,000/-
3. The respondents shall handover Post Date Cheques (PDC) as within 3 days from today to the Ld. Bench Officer. The said PDC's shall be replaced by Demand Draft's three (3) days before each due date with the Ld. Bench Officer with advance notice to the counsel for the petitioner. Upon handing over of Demand Drafts's to the Ld. Bench Officer the same shall be handed over to the petitioner or his counsel and the corresponding PDC returned to the respondent."
5. Mr. Mathur states that even the payment schedule of the subsequent Settlement has not been adhered to except payment of Rs. 21 lacs by the respondent No.2 to the petitioner. W.P.(CRL) 1712/2009 Page 4 of 6
6. Ms. Ranjana Roy Gawai, learned counsel for respondent No.2 states that in view of the inter se disputes between the promoters of respondent No. 2 before the Company Law Board and also before this Court, respondent No.2 and other parties have not been able to make repayment according to the agreed schedule. She, however, states that respondent No.2 and other parties are keen and eager to repay the agreed sum at the earliest.
7. From the aforesaid statements, it is apparent that the disputes between the parties have been resolved. Accordingly, this Court sees no purpose in allowing the police to carry on further investigation in the FIR registered by the respondent No.2.
8. At this stage, Ms. Gawai, learned counsel for respondent No.2 states that even the petitioner has filed an FIR No. 163/2011 with Police Station Economic Offences Wing after the settlement of disputes between the parties. Respondent No.2 is given liberty to file a petition seeking quashing of the same. However, it is clarified that the new FIR shall be quashed only after payments have been made to the petitioner as mentioned in the aforesaid Settlement Agreement filed before the Company Law Board.
W.P.(CRL) 1712/2009 Page 5 of 6
9. Consequently, this Court sees no purpose in continuing the present proceedings any further and accordingly, FIR No. 42/2009 registered with Police Station Safdarjung Enclave, Delhi under Sections 420/406/120B/34 IPC as well as any other proceedings arising therefrom are quashed.
10. With the aforesaid observations, present petition and pending application stand disposed of.
Order dasti under the signature of Court Master.
MANMOHAN, J AUGUST 07, 2012 js W.P.(CRL) 1712/2009 Page 6 of 6