Gourav Sharma vs Resident Commissioner Govt. Of ...
2011 Latest Caselaw 4021 Del

Citation : 2011 Latest Caselaw 4021 Del
Judgement Date : 18 August, 2011

Delhi High Court

Gourav Sharma vs Resident Commissioner Govt. Of ... on 18 August, 2011

Author: Mukta Gupta

*       IN THE HIGH COURT OF DELHI AT NEW DELHI
            +   W.P.(CRL) 1147/2011

%                                                 Decided on: 18th August, 2011

GOURAV SHARMA                                                     ..... Petitioner
                                    Through:   Ms. Geeta Luthra, Sr. Adv. with Ms.
                                               Chandrani Prasad, Mr. Virender Tarun,
                                               Advs.
                           versus

RESIDENT COMMISSIONER GOVT. OF BIHAR & ORS. .... Respondents
                 Through: Mr. Dayan Krishnan, ASC for State.

Coram:
HON'BLE MS. JUSTICE MUKTA GUPTA

1. Whether the Reporters of local papers may               Not Necessary
   be allowed to see the judgment?

2. To be referred to Reporter or not?                      Yes

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

MUKTA GUPTA, J. (Oral)

Crl. M.A. 9702/2011

Exemption allowed subject to just exception.

W.P.(CRL) 1147/2011 & Crl.M.A. 9701/2011 (stay)

1. By this petition the Petitioner seeks quashing of FIR No. 236/2011

under Section 406/419/420 IPC registered at P.S. Kotwali, Sub-Division

Sadar, District Munger, Bihar on the complaint of one Ajay Kumar Modi.

2. At the outset learned Additional Standing Counsel for the Respondent

No.3 Govt. of NCT of Delhi raises a preliminary objection as to the

maintainability of the present petition before this Court. Reliance is placed on

Navinchandra N. Majithia Vs. State of Maharashtra and Ors. (200) 7 SCC

640 and Asit Bhattacharjee Vs. Hanuman Prasad Ojha and Ors. (2007) 5

SCC 786 to contend that only a Court where essential part of cause of action

arises would have the jurisdiction to entertain a petition under Article 226 of

the Constitution. Since even as per the FIR no part of cause of action arose at

Delhi, this Court has no jurisdiction to entertain the present petition.

3. Briefly the contentions on behalf of the Petitioner are that one FIR was

lodged by one Satender Singh against the Petitioner on 10 th April, 2009

resulting in the arrest of the Petitioner. The Petitioner remained in custody for

nearly 40 days. The Petitioner's case is that thereafter to further wreak

vengeance two more FIRs were registered against him, one being the

abovementioned and the other being FIR No. 237/2011 at the same Police

Station on the complaint of one Brij Mohan Sultania. It is contended that the

said Brij Mohan Sultania had earlier filed a complaint before the Economic

Offences Wing of the Delhi Police, however after an enquiry the said

complaint was closed.

4. To counter the contention of maintainability of the present petition

learned counsel for the Petitioner states that since some part of cause of action

arose at Delhi as the demand of return of money was made at Delhi this Court

has jurisdiction under Article 226 of the Constitution to quash the

abovementioned FIR. Reliance in this regard is placed on Alchemist Ltd. and

Anr. Vs. State Bank of Sikkim and Ors. 2011 (122) DRJ 693(SC) and a full

bench decision of this Court in Sterling Agro Ltd. Vs. Union of India and Ors.

MANU/DE/2838/2011.

5. Thus the issues that arises for consideration are whether on the facts of

the case does any part or essential part of cause of action arises at Delhi

clothing this Court with jurisdiction to entertain the Petition under Article 226

of the Constitution. For this it would be relevant to note the allegations as set

out in the FIR which states.

"To, The SHO Police Station: Munger

Sir,

This is to request you that I Ajay Kumar Modi s/o Late Krishan Kumar Modi is a resident of Mohalla Shravan Bazaar P.S. Kotwali District Munger. I run a shop by the name M/s. Saree Sansaar firm. On 27.12.09 around 2'o clock in the afternoon Mr. Gaurav Sharma s/o Suresh Sharma r/o M/134/9 Shastri Nagar and shop address 146/9, Ground Floor, Shastri Nagar, Police Station Sarai Rohilla District North Delhi came at my

shop and said that I have a business of silk saree. In Delhi my firm name is Balaji Packers and I also send goods to many shops in Munger. I trusted him and gave the order for sarees and suit cloth worth Two Lakh Rupees and gave One Lakh Rupees in advance after taking money from my friends. After giving order and advance and not receiving goods from their side I called up their mobile phone. Their mobile phone was switched off. I even went to their house in Delhi but could not meet him instead I met Shri Suresh Sharma who said that the goods are not coming from China and when they will come they will be delivered to you but even then the goods didn't arrived so I again went to Delhi and found that they no longer stay at the same address. I has been brought in notice that earlier also a case is registered against the accused, about Gaurav Sharma I came to know that he has fraudulently duped many businessmen and duping is the business they do. The way they duped others the same way they also duped me of Rs. One Lakh with a thought out planned move in the name of sending the goods to me and this is clear that this is the business that they do.