Delhi High Court
Kk Ahuja vs State Nct Of Delhi & Anr. on 7 August, 2012
Author: Manmohan
23
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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.
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.
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:
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.
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.
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
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