Gunveen Singh vs State & Anr
2020 Latest Caselaw 3486 Del

                      *      IN THE HIGH COURT OF DELHI AT NEW DELHI

                      +      CRL.M.C.6302/2019, CRL.M.A. 9445/2020, CRL.M.A. 8117-
                             8118/2020

                                                      Judgment reserved on : 17.07.2020
                                                           Date of decision: 22.12.2020

                      GUNVEEN SINGH                                      ..... Petitioner

                                          Through:    Mr. Pramod Kumar Dubey, Mr.Sajal
                                                      Dhamija, Ms. Neha Sharma, Mr.
                                                      Anurag Andley, Ms. Harpreet Kalsi,
                                                      Ms. Pinky Dubey and Mr.Prince
                                                      Kumar, Advocates.

                                                Versus

                      THE STATE (GOVT. OF NCT OF DELHI)& ANR.
                                                           ..... Respondents

                                          Through:    Mr.Ashok Kumar Garg, APP for
                                                      State.
                                                      Mr. Vikas Pahwa, Sr. Advocate with
                                                      Mr. A.N. Aggarwal, Ms. Nupur
                                                      Sachdeva, Mr. Devki Nandan Mittal
                                                      and Mr. Arham Masud, Advocates for
                                                      R-2.
                      CORAM:
                      HON'BLE MS. JUSTICE ANU MALHOTRA

                                                     JUDGMENT

ANU MALHOTRA, J.

1. The petitioner, vide the present petition has made the following

prayers:-

Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:22.12.2020 20:44:48 This file is digitally signed by

PS to HMJ ANU MALHOTRA.

"a. Pass an order setting aside the Order dated 04.07.2019 passed by the Ld. MM-03, South West, Dwarka, New Delhi in case FIR No. 919/18 dated 31.10.2019 under Section 323/341/506 of the Indian Penal Code, 1860 Police Station Bindra Pur, New Delhi and the consequent proceedings emanating therefrom against the Petitioner.

b. Pass an order setting aside the Order dated 26.11.2019 passed by Ld. ASJ (SFTC), South West, Dwarka in case FIR No. 919/18 dated 31.10.2019 under Section 323/341/506 of the Indian Penal Code, 1860 Police Station Bindra Pur, New Delhi and the consequent proceedings emanating therefrom against the Petitioner."

2. On a bare perusal of the record, it is indicated that the Ld. ASJ

(SFTC), South West, Dwarka in CR No.312/2019 vide order dated

26.11.2019 had dismissed the said revision petition filed by the

petitioner on the grounds of non-prosecution despite the

applicant/petitioner having filed an application for adjournment

submitting to the effect that the applicant was unable to put in

appearance with a medical card having been produced on behalf of the

petitioner. Vide the impugned order dated 26.11.2019, it is indicated

that it was mentioned therein that costs imposed vide order dated

16.09.2019 had not been deposited.

3. The order dated 16.09.2019 in CR No.312/2019 indicates that

the revisionist i.e. the petitioner herein was not present before the Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:22.12.2020 20:44:48 This file is digitally signed by

PS to HMJ ANU MALHOTRA.

Revisional Court and one last opportunity was given to the revisionist

i.e. the petitioner herein to appear before the Revisional Court subject

to cost of Rs.10,000/- to be deposited with the DLSA. The revisionist

did not appear before the Revisional Court even on the adjourned date

i.e. 15.10.2019 and the matter was re-notified for the date 04.11.2019

and vide the impugned order dated 26.11.2019, the revision petition

was dismissed for non-prosecution.

4. The petitioner vide the revision petition i.e. CR No.312/2019

had assailed the order dated 04.07.2019 of the learned Trial Court i.e.

the Court of the Ld. MM-03, South West, Dwarka, New Delhi in case

FIR No. 919/18, PS Binda Pur, whereby for non-compliance of

directions in order dated 27.06.2019 by the petitioner i.e. the non

payment of a sum of Rs.25 lakhs, subject to compliance of which

condition the applicant/petitioner had been allowed to be released on

interim bail, in as much as, the parties i.e. the petitioner herein, the

accused and the complainant were stated to have arrived at a

settlement whereby, the sum of Rs.3 Crores was to be paid by the

petitioner herein to the complainant within a month from 27.06.2019,

Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:22.12.2020 20:44:48 This file is digitally signed by

PS to HMJ ANU MALHOTRA.

and in view of the non compliance by the petitioner herein, the interim

protection had been withdrawn.

5. As per the order dated 04.07.2019, the petitioner did not appear

before the learned Trial Court on 04.07.2019 and rather challenged the

validity of the settlement on the premise that the aspect of restitution

of property by the complainant in reciprocation to the payment of Rs.3

Crores by the accused was not incorporated in the proceedings of the

previous date fixed by the Trial Court.

6. The proceedings in CR No.312/2019 indicate that the draft of

Rs.25 lakhs was handed over to the complainant/respondent no.2 on

16.07.2019 in Court, which was accepted by the respondent no.2 and a

submission had been made that the remaining amount from the

balance sum of Rs.2.90 Crores would be paid at the time of the

quashing of the FIR before the High Court of Delhi and that a formal

settlement would be filed and as a consequence, the operation of the

order dated 04.07.2019 before the learned MM had been stayed,

whereafter, the matter had been re-notified for the date 05.08.2019

when counsel for both parties had submitted that talks for settlement

were in progress, and the interim order was continued and the matter

Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:22.12.2020 20:44:48 This file is digitally signed by

PS to HMJ ANU MALHOTRA.

was re-notified for the date 03.09.2019 on which date, it was

submitted that the matter had been settled and the MOU was being

drawn but that the petitioner was not available, whereafter, the

petitioner did not appear before the Revisional Court as already

observed hereinabove on 16.09.2019 when costs of Rs.10,000/- were

imposed and subsequently, the revision petition was dismissed for

non-prosecution vide the impugned order dated 26.11.2019.

7. Apart from various submissions that have been made on behalf

of the petitioner through the petition, it is apparent that the revision

petition had virtually been heard at length on arguments addressed on

behalf of either side by the Revisional Court. In the circumstances, it

would suffice despite opposition raised on behalf of the respondent

no.2 through the reply filed that on 25.11.2019, the petitioner had even

handed over a cheque for a sum of Rs.2 Crores 65 Lakhs to the

respondent no.2 in lieu of the settlement but in the evening of the same

day, had conveyed to the respondent no.2 not to present the cheque

before the bank as he could not arrange the funds, which brought forth

the malicious conduct of the petitioner and it was contended on behalf

of the respondent no.2 that the petitioner was making a mockery of the

Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:22.12.2020 20:44:48 This file is digitally signed by

PS to HMJ ANU MALHOTRA.

Court proceedings and was evading arrest apart from several criminal

cases pending against the petitioner, taking the totality of the

circumstances of the matter into account, in as much as, apparently as

indicated even through the proceedings dated 16.07.2019 in CR

No.312/2019, the settlement was undoubtedly in progress on that date

also before the learned Revisional Court, it is considered appropriate

to set aside the impugned order dated 26.11.2019 of the Revisional

Court of the Ld. ASJ (SFTC), South West, Dwarka in CR

No.312/2019, which order is set aside with the CR No.312/2019 being

restored to its original stage and number subject to payment of costs of

Rs.50,000/- being paid by the petitioner to the respondent no.2 on the

date 15.01.2021 before the learned Revisional Court and till the

disposal of CR No.312/2019 by the ASJ concerned, the interim order

dated 06.12.2019 as passed in the present Crl.M.C.6302/2019

directing to the effect that the applicant be not arrested subject to his

not leaving the city, shall continue.

8. The learned Revisional Court shall thereafter take up CR

No.312/2019 for hearing and dispose of the same in accordance with

law by the date 15.02.2021. No further action is called for in the

Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:22.12.2020 20:44:48 This file is digitally signed by

PS to HMJ ANU MALHOTRA.

circumstances qua prayer Clause (a) made through the present

petition, in as much as, the order dated 04.07.2019 of the Ld. MM-03,

South West, Dwarka, New Delhi in case FIR No. 919/18, PS Bindapur

is under challenge in CR No.312/2019 before the learned Revisional

Court of the Ld. ASJ (SFTC), South West, Dwarka, New Delhi.

9. The petition is disposed of accordingly.

10. Nothing stated hereinabove shall however amount to any

expression on the merits or demerits of the petition CR No.312/2019

pending before the Ld. ASJ (SFTC), South West, Dwarka, New Delhi

which has since been restored to its original stage and number and the

petitioner is further directed to appear before the learned Revisional

Court on the date 15.01.2021.

ANU MALHOTRA, J.

DECEMBER 22, 2020 'neha chopra'

Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:22.12.2020 20:44:48 This file is digitally signed by

PS to HMJ ANU MALHOTRA.