Yashpal Raikar & Anr. vs The State Of Delhi
2010 Latest Caselaw 4182 Del

                  HIGH COURT OF DELHI AT NEW DELHI

                                         Reserved on: 11.08.2010
                                       Date of Decision: 09.09.2010

    (1)        Crl. M.A. No. 7216/2009 in Bail Appl. No. 314/2009



       YASHPAL RAIKAR & ANR.                           ... PETITIONERS
                      Through: Mr. K.T.S. Tulsi, Sr. Adv. with Mr. V.K.
                      Mehra, Adv.

                             versus

       THE STATE OF DELHI                           ... RESPONDENT

Through: Navin Sharma, counsel for the State. Mr. Sushail Dutt with Mr. Azhar Alam and Mr. Vikram Singh, Advs. for Anirva Developers Pvt. Ltd./applicant.

Mr. Pawan Narang, Adv. for Mr. Baleswar Sharma.

Mr. Vijay Aggarwal, Adv. for Mr. Ravi Arora, Director.

AND

(2) Crl. M.A. No. 7218/2009 in Bail Appl. No. 315/2009

MRS. FARMEEAN KHAUNTE & ANR. ... PETITIONERS Through: Mr. K.T.S. Tulsi, Sr. Adv. with Mr. V.K. Mehra, Adv.

                             versus

       THE STATE OF DELHI                           ... RESPONDENT

Through: Navin Sharma, counsel for the State. Mr. Sushail Dutt with Mr. Azhar Alam and Mr. Vikram Singh, Advs. for Anirva Developers Pvt. Ltd./applicant.

Mr. Pawan Narang, Adv. for Mr. Baleswar Sharma.

Mr. Vijay Aggarwal, Adv. for Mr. Ravi Arora, Director.

CORAM:

HON'BLE MR. JUSTICE S.L. BHAYANA

1. Whether reporters of local paper may be allowed to see the judgment? Yes

2. To be referred to the reporter or not? Yes

3. Whether the judgment should be referred in the Digest? Yes

S.L. BHAYANA, J

These applications have been moved by the applicant, M/s

Anirva Developers Pvt. Ltd., under Section 482 Cr.P.C, praying for

cancellation of interim bail granted to the accused persons vide

order dated 17.2.2009 as modified on 25.2.2009.

2. Arguments heard.

3. It is submitted by learned counsel for the applicant that on

17.2.2009, this Court had granted interim bail to the petitioners on

the ground that they wanted to settle the matter amicably with the

applicant. Accordingly, the matter was referred to Delhi High Court

Conciliation and Mediation Centre where a settlement took place

between the parties and the petitioners made payment in the sum

of Rs.35 crores by way of cheques to the applicant. Learned

counsel for the applicant further submits that when the said

cheques were presented by the applicant, the same were

dishonoured by the bankers of the petitioners and, therefore, the

interim bail granted to the petitioners vide order dated 17.2.2009 is

liable to the withdrawn.

4. I have gone through the order dated 24.3.2009, which reads

as under:

" Petitioners are seeking bail in FIR No. 131/2008, under Sections 406/420/409/120B of the IPC, registered at police station Economic Offence Wing with Crime and Railways, New Delhi.

Learned Senior Counsel for the petitioners state that this matter stand settled with M/s Anirva Developers Pvt. Ltd. before the Delhi High Court Mediation and Conciliation Centre."

5. I have also gone through the Agreement of Settlement, which

is exhibited „Ex. PX‟ (page 96 of Bail Appl. No. 314/2009), wherein

petitioner no.2, Sh. Ravindra Charadchandra Porob Navelkar is the

First Party and the applicant M/s Anirva Developers Pvt. Ltd. and M/s

Aruna Infracon Pvt. Ltd. are the Second and Third Parties

respectively.

6. From the aforesaid order dated 24.3.2009 and also from the

Agreement of Settlement „Ex.PX‟, it is clear that the settlement had

taken place between the petitioners and the applicant and the

cheques in the sum of Rs.35 crores were also issued to the

applicant (second party) by the petitioner no.2 (first party).

7. It will not be out of place to mention that Ravindra C.P.

Navelkar and Yashpal Raikar had earlier filed a writ petition bearing

no. 1373/2008 before this Court, in which the State was respondent

no.1 and respondent no. 2 was M/s Anirva Developers Pvt. Ltd.

(applicant herein). This petition has been filed by the petitioners

under Section 482 Cr.P.C, wherein it was categorically mentioned

that the petitioners have settled all the disputes with respondent

no.2, Anirva Developers Pvt. Ltd. and petitioners have handed over

cheques of Rs.35 crores to respondent no.2 and therefore they

prayed for quashing of FIR No. 131/2008 filed against them. The

said writ petition was, however, dismissed as withdrawn vide order

dated 16.4.2009 with a direction that they should file the quashing

petition jointly.

8. It is also admitted by both the parties that the cheques in the

sum of Rs.35 crores given by the petitioners to the applicant M/s

Anirva Developers Pvt. Ltd., in terms of settlement, were

dishonoured by the bankers of the petitioners.

9. Keeping in view the aforementioned facts and circumstances,

I allow the application filed by the applicant M/s Anirva Developers

Pvt. Ltd. and the interim bail granted to the petitioners vide order

dated 17.2.2009 is withdrawn.

10. The petitioners are directed to surrender before the

concerned jail authorities immediately. In case the petitioners do

not surrender within 24 hours from today, NBWs shall be issued

against them to be executed through the SHO of the concerned

area.

11. With these directions, the applications stand disposed of.

Bail Appl. Nos. 314/2009 & 315/2009

List for further proceedings on 14th January, 2011.

S.L.BHAYANA,J

SEPTEMBER 9, 2010 KA