J U D G M E N T

1. The present petition is filed under section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “the Code”) to set aside the order dated 29.01.2019 (hereinafter referred to as the “impugned order”) passed by the Court of Sh. N.K Malhotra Additional Sessions Judge / Special Judge,CBI-02, Patiala House Courts, New Delhi in Criminal Revision bearing no.539/2018 titled as K. S. Mehta VM/S Morgan Securities& Credits Pvt. Ltd and order dated 11.10.2018 passed by the court of Sh. Dharmender Singh, Metropolitan Magistrate - 05, Patiala House Courts, New Delhi in Complaint Case bearing no.15858/2017 titled as M/S Morgan Securities& Credits Pvt. Ltd. V Blue Coast Hotels& Resorts Ltd.& others.

2. M/S Morgan Securities and Credits Pvt. Ltd. (herein referred to as “the respondent/the complainant”) through its Authorized Representative Mahender Gautam filed a complaint under sections 138/141/142 of Negotiable Instruments Act, 1881 (hereinafter referred as “NI Act”) and 420 IPC titled as M/S Morgan Securities & Credits Pvt. Ltd. V Blue Coast Hotels & Resorts Ltd.& others bearing no15858/2017 on the allegations that the accused no. 2 namely Arun Suri with the consent of the accused no.3 to 6 namely Mamta Suri, Basant Kumar Goswami, K. S. Mehta (the petitioner)

and the Sushil Suri on behalf of the accused no.1 known as Blue Coast Hotels & Resorts Ltd. had approached the respondent/the complainant for the financial assistance for business purposes by way of Inter Corporate Deposit (ICD) facility with a promise to repay back the amount of the ICD as per the terms mutually agreed and reduced in writing by way of an Inter Corporate Deposit Agreement dated 09.09.2002. The respondent/complainant paid Rs.5,00,00,000/- (Rs. five crores only) under the ICD facility to the accused(s) vide cheque bearing no. 227605 dated 09.09.2002 drawn on HDFC Bank, K.G. Marg, New Delhi and Demand Promissory Note and Inter Corporate Deposit Receipt were also executed in favour of the respondent /the complainant besides other documents. The accused (s) were required to pay Rs.5,00,00,000/- (Rupees five crores only) after expiry of 180 days from the date of receipt of ICD, i.e. on

08.03.2003 along with interest as agreed.

2.1 The respondent/the complainant has extended the financial assistance to the accused no. 1 to the tune of Rs.5,00,00,000/- (Rupees Five Crores Only) according to the usual prevailing corporate convention and, believing and acting upon promises of the accused(s) persons. The accused no. 2 is the managing Director and Authorized Signatory, the accused no.3 to 5 are the Directors, and the accused no.6 is the Authorized Signatory of the accused no.1 and are in charge of day to day affairs and are responsible for the conduct of the business of the accused no.1 and for all acts and deeds committed by or on behalf of the accused no. 1.

2.2 The respondent/the complainant also filed / initiated arbitration proceedings against the accused No. 1, 2 and the accused no.6 and M/s Morepan Laboratories Ltd. joined as parties during the Arbitration proceedings. During the arbitration proceedings, a compromise took place between the accused no. 1, 2 & 6 and M/s Morepan Laboratories Ltd. and the respondent/the complainant and a Memorandum of Settlement dated 27.05.2003 was signed and accordingly the Arbitrator passed a Consent Award on 21.07.2003. Thereafter the accused no.2 on behalf of the accused no. 1 with the consent and knowledge of the accused No.3 to 6 have signed and issued several cheques and most of them got dishonoured. The accused no.2 on behalf of the accused no.1 with the consent of the accused no.3 to 6 towards part payment of the outstanding bill had issued the cheque bearing no 842628 dated 28.02.05 amounting to Rs. 50,00,000/- drawn on ICICI Bank Ltd., Connaught Place, New Delh (hereinafter referred as “cheque in question”). The respondent/the complainant presented cheque in question to its banker HDFC Bank for en