IN THE HIGH COURT OF DELHI AT NEW DELHI
SUNITA GUPTA, J.
K.P. Jayaram - Petitioner
Versus
The State of NCT Delhi - Respondent
Bail Appln. 1008 of 2016
Decided On : 18-07-2016
Forgery - Anticipatory Bail - Ss. 120B, 406, 409, 420, 467, 468 IPC - S. 438 Cr.PC - Ss. 160, 41A Cr.PC - LG Household Korea - IHHL - MOU - License Agreement - Fraudulent Misrepresentation - Quashing of FIRs - Settlement - Custodial Interrogation - Conditions for Anticipatory Bail
Fact of the Case:
The petitioner sought anticipatory bail apprehending arrest in a case involving allegations of forgery and cheating. The complainant alleged that IHHL misrepresented itself as the licensee of LG Household Korea, inducing the complainant to invest in the business. The petitioner argued that the dispute was civil in nature and that the claims could be settled in a civil court. The petitioner also highlighted previous cases and settlements, emphasizing that the matter was primarily of a civil nature.
Finding of the Court:
The court considered the nature of the accusations, the petitioner's antecedents, and the possibility of fleeing from justice. It also evaluated the impact of granting anticipatory bail and the genuineness of the prosecution. The court granted anticipatory bail to the petitioner, subject to conditions including executing bail bonds, depositing a sum with the court, and joining the investigation.
Issues: The issues revolved around the nature of the allegations, the previous settlements, and the genuineness of the prosecution.
Ratio Decidendi: The court's decision was based on a careful evaluation of the accusations, the petitioner's antecedents, and the impact of granting anticipatory bail. The court also considered the genuineness of the prosecution and the possibility of fleeing from justice.
Final Decision: The court granted anticipatory bail to the petitioner, subject to specific conditions, and clarified that the observations made were confined to the disposal of the application and had no bearing on the merits of the case.
Sunita Gupta, J.
1. Apprehending his arrest in case FIR No.69/2010 under Ss. 120B, 406, 409, 420, 467, 468, 471 IPC registered at Police Station EOW, Mandir Marg, New Delhi, this application under Section 438 of Code of Criminal Procedure has been moved by the petitioner for grant of anticipatory bail.
2. The FIR in the instant case was registered on the basis of a complaint dated 06.05.2010 sent by Mr. Abhishek Chopra, Proprietor of M/s R.D. Traders to Economic Offences Wing, Delhi wherein he made allegations against India Household & Health Care Ltd. (IHHL) and its directors that an advertisement was given in the Economic Times, Times of India in the month of March, 2004 stating therein that IHHL is the sole license holder of LG Care (Korea) for the household and healthcare products. IHHL sought to appoint distributors with good financial background. A rosy picture was depicted by the directors/officials of IHHL that they were the subsidiary company of LG Care (Korea). They also gave the FMCG products containing the name and logo of LG. The complainant started business for marketing FMCG products of LG Care (Korea) as distributor of IHHL in Delhi and gave a sum of Rs.3 lacs towards the interest bearing refundable security to the directors of IHHL for a period of one year. The directors/officials of IHHL received his signatures on some blank stamp papers, obtained his company’s blank letterheads and two blank cheques in favour of IHHL on the pretext to speed up communication with excise, sales tax, LG Care (Korea), etc. IHHL organized launching of LG FMCG product in Hotel Nikko, Metropolitan, Delhi for North India region where distributors, agents and media personnel were invited and it was represented that IHHL was targeting sales of Rs.300 crores for the financial year 2004 – 2005 and the media publicity budget was Rs.30 crores and this target was easily achievable because of LG Care (Korea) image. After the appointment of the complainant as distributor, all the promises made by the directors of IHHL turned out to be sham as the sale was not taking place as promised as the goods were of inferior quality and there was no proper planning, lack of media campaign and the sudden resignation of the then marketing team of North region. Thereupon, the complainant contacted the officials of IHHL at Chennai. They assured him that they would give him business of Eurolife, Worldwide, Rothmans cigarette, Mecca Cola Beverage, etc without any corresponding security and that final agreement with these companies was expected by November – December, 2004. Even after these assurances, neither sale was happening nor their claims were settled. The officials of IHHL informed that the blank stamp papers, blank letterheads which were taken at the time of appointment for safe custody and proper use under intimation, were misused by IHHL and the accounts of all the distributors were shown as settled. The complainant came to know that the MOU and license agreement were signed by junior working level staff of LG Care (Korea) who were not authorized to enter into such agreement with IHHL. IHHL took benefit of LG Care’s reputation and brand image. Even before signing of alleged unauthorized agreement, IHHL misrepresented itself to be sole licensee and started collecting money in the form of security deposit though even under these MOU/Agreement they were never authorized to collect money in the name of LG Care. It was alleged that IHHL caused wrongful losses to all the distributors and agents by misrepresenting themselves as licensee of LG Care (Korea) and defrauded the complainant of his hard-earned money.
3. This complaint received against IHHL and its office bearers was initially a part of case FIR No.366/06 Police Station Kalkaji, Delhi. During the course of investigation, a Crl. MC No.1270 of 2008 was filed in this Court and the FIR was quashed by order dated 24.04.2008 as the matter was settled between the parties. Thereafter, the complainant
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