Ajit Singh vs State Of U. P. Thru. CBI

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 825

IN THE HIGH COURT OF ALLAHABAD
SUBHASH VIDYARTHI J.
Ajit Singh And Others – Appellants
Versus
State Of U.P. Thru. CBI And Another – Respondents
Application U/S 482 No.6981 of 2022
Decided on : 23-05-2023

Advocates:
Advocate Appeared:
For the Appellant : Ishan Baghel, Veena Vijayan Rajes
For the Respondent: Anurag Kumar Singh, Shailendra Misra, Shiv P. Shukla

Headnote:
Indian Penal Code, 1860 – Sections 120-B, 420, 466, 467, 468, 471, 477A – Criminal Procedure Code, 1973 – Section 320 (5), 482 – Prevention of Corruption Act, 1947 – Sections 5(2), 5(1) (d) – Prevention of Corruption Act, 1988 – Section 13(2), 13(1)(d) – Criminal Appeal – Offences alleging forgery – Suit for recovery of money – Quashing of First Information Report – Punishment for criminal conspiracy – Quashing of criminal proceedings – Criminal Conspiracy – Quashing of judgment and order of conviction – Consequent proceedings – Held, Court find is that offences involved in present case arise out of complaints made by private persons alleging a wrongful deprivation of their corporate and commercial rights in Company by certain acts of forgery etc – Committed by applicant no. 3 for benefit of applicants no. 1 and 2 – Complainants have already entered into a comprehensive settlement with applicants for maintaining peace and harmony and terms of settlement record that all disputes and differences between them in respect of Carlton Hotel stood settled and that none of parties has any further or other dispute, difference, dues, claims, demands, proceedings under arbitration or any proceedings pending in any Court of law including complaints / applications made to statutory authority inter se Parties of any nature whatsoever against other or others of them in that regard and if there is any, same shall be unconditionally withdrawn and would deem to have been terminated between parties – Cr.P.C. allowed.

JUDGMENT :

1. Heard Sri I. B. Singh, Senior Advocate, assisted by Awinash Vishen Advocate, the learned counsel for the applicant and Sri Shiv P. Shukla, the learned counsel for the respondent-C.B.I and perused the record.

2. By means of an instant application filed under Section 482 Cr.P.C, the applicant has prayed for quashing of the judgment and order of conviction dated 06.06.2019, passed by learned Special Judicial Magistrate, C.B.I. Lucknow in Case No.4603 of 2009, arising out of F.I.R. registered as RC No.01(S)/2006/CBI/SCB/LKO dated 12.01.2006, under Sections 120-B, 420, 466, 467, 468, 471, 477-A I.P.C. and all the consequent proceedings, on the ground that the informant and the accused persons have entered into a settlement.

3. The aforesaid case was registered on the basis of a complaint lodged by the opposite party no. 2 -Arvind Mohan Jauhari, against the applicants alleging that some documents relating to annual returns of M/s Carlton Hotel Private Limited (hereinafter referred to as ‘the Company’) have been forged for the years 1997, 1998 and 1999. After carrying out a preliminary inquiry, the C.B.I. lodged an F.I.R on 12.01.2006, against one V. K. Gupta, F.C.A (applicant no. 3) and some unknown persons, alleging that in the annual returns made up to 30.09.1997, 29.09.1998 and 30.09.1999 filed by the Company, some papers were inserted or changed subsequently, evidencing forgery by the named accused V. K. Gupta, who had inspected the documents of the Company on 22.03.2001 and 10.04.2001.

4. The C.B.I. has submitted the charge-sheet stating that the applicant no. 1 Ajit Singh, was Managing Director of the Company and the applicant no. 2 Udaijit Singh, was its Joint Managing Director. They were the beneficiaries of the aforesaid act committed by the applicant no. 3, as they benefited by removal of the names of the complainants Anand Krishna Johari and Arvind Mohan Johari from the annual returns of the 1997, 1998 and 1999.

5. The trial court passed a judgment and order dated 06.06.2019 holding applicants guilty of commission of offences under Sections 120-B, 420, 466, 467, 468, 471, 477A of the Indian Penal Code and all of them were sentenced to undergo simple imprisonment for a period of one year and a fine of Rs.1000/-for offence under Section 120-B I.P.C., two years’ simple imprisonment and a fine of Rs.2000/-for offence under Section 420 I.P.C., two years’ simple imprisonment and a fine of Rs.2000/-for offence under Section 466 I.P.C., three years’ simple imprisonment and a fine of Rs.4000/-for offence under Section 467 I.P.C., two years’ simple imprisonment and a fine of Rs.1000/-for offence under Section 468 I.P.C., two years’ simple imprisonment and a fine of Rs.1000/-for offence under Section 471 I.P.C. and two years’ simple imprisonment and a fine of Rs.1000/-for offence under Section 477A I.P.C. The applicants have challenged an aforesaid judgment and order dated 06.06.2019 by filing Criminal Appeal No. 221 of 2019 in the court of Sessions Judge, Lucknow and the applicants have been granted bail during pendency of the Appeal.

6. During pendency of the Appeal, the complainants Arvind Mohan Johari, Anand Krishna Johari and Gyanendra Nath Johari have entered into a settlement with Ajit Singh, Udaijit Singh, Sona Singh, Rahul Jit Singh, Kamini Singh and Carlton Hotel Private Limited, stating that due to certain disputes between the Singh group and Johari group, the following litigations have been initiated between the parties:

1) Company Petition No. 76/2002 before the Company Law Board New Delhi, titled ‘Arvind Mohan Johari & Ors. vs. Carlton Hotels Pvt. Ltd. & Ors.’;

2) Company Petition No. 11(ND)/111/2011 before the Company Law Board, New Delhi, titled ‘Arvind Mohan Johari & Anr. vs. Carlton Hotels PvtLtd. &Ors.’;

3) Company Appeal No.1/2015 before the Hon’ble High Court of Judicature at Allahabad, Lucknow Bench titled ‘Carlton Hotels Pvt. Ltd. & Ors. vs. Arvind Mohan Johari & Ors.’;

4) Company Petition no. 354/2001 bef