CRL.M.C. 4587/2013

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved On: 10^th November, 2023

Pronounced On: 02^nd February, 2024

+

CRL.M.C. 4587/2013

BLUE BIRD LIESURE AND HOLIDAYS LTD. & ORS.....Petitioners

Through:

Mr. Subhash Jha and Mr. Sachin Saini,

Advocates for Petitioners.

versus

SPRING HOLIDAY LTD. & ANR.

.....Respondents

Through:

Mr. Shrey, Mr. Abhishek Rana and Mr.

T. Parth, Advocates for Respondent

No. 1.

Ms. Priyanka Dalal, APP for the

State/Respondent No. 2 with Insp. S.K.

Chandolia, DIU/NDD.

CORAM:

HON’BLE MR. JUSTICE AMIT SHARMA

JUDGMENT

AMIT SHARMA, J.

1.

The present petition under Section 482 of the Code of Criminal

Procedure, 1973 („CrPC‟) assails order dated 07.06.2013 passed by the

learned Metropolitan Magistrate-05, Patiala House Courts, New Delhi in CC

No. 114/1/2013, whereby an application under Section 156(3) of the CrPC

filed on behalf of respondent no. 1 was allowed and an FIR was directed to be

registered against the petitioners. The petitioners further seek quashing of the

Digitally Signed

By:AMIT SHARMA

Signing Date:02.02.2024

17:45:13

Signature Not Verified

CRL.M.C. 4587/2013

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consequent FIR No. 80/13 under Sections 406/120B of the Indian Penal Code

(„IPC‟) registered at PS Barakhamba Road.

Background

2.

The case of respondent no.1/Spring Holiday Ltd. („complainant

company‟), as set out in the complaint filed before the learned Trial Court is

as under:

i.

The complaint was filed by Sh. Virender Rana, Director of the

complainant company, stating that the latter is engaged in the business

of tours and travels. In the month of April 2012, an official from Blue

Bird Leisure and Holidays Ltd./petitioner no. 1 engaged in the business

of selling air tickets, contacted the complainant company stating that

they can avail air tickets to them at a more reasonable price as

compared to the market rates. Thereafter, the complainant company

received assurances and a representation from the Managing Director,

i.e., Ms. Aditi Jaiswal/petitioner no.2 of petitioner no. 1 company as

well as the Chairman, i.e., Mr. Sanjay Jaiswal/petitioner no. 3.

ii.

Thereafter, the complainant company purchased air tickets from

petitioner no. 1 company for their customers for a total consideration of

Rs.2,34,078/-.

iii.

On 13.12.2012, it came to the knowledge of the complainant company

that after receipt of the consideration amount, petitioner no. 1 company

cancelled the air tickets without informing them. On enquiring about it,

the complainant company received no response from petitioner no. 1

company.

Digitally Signed

By:AMIT SHARMA

Signing Date:02.02.2024

17:45:13

Signature Not Verified

CRL.M.C. 4587/2013

Page 3 of 19

iv.

After cancellation, the complainant company had to book the air tickets

again, which costed approximately Rs. 1,25,000/-. Therefore, it was

averred that the petitioners caused a loss of Rs. 3,59,078/- and cheated

the complainant company of hard-earned money. Accordingly, an FIR

was sought to be registered against the petitioners for offence under

Sections 420/406 of the IPC.

3.

Based on the aforesaid complaint and an application under Section

156(3) of the CrPC, the learned Metropolitan Magistrate, vide order dated

07.06.2013, directed the concerned SHO to register an FIR and investigate the

allegations. Accordingly, FIR No. 80/13 dated 14.06.2013 was registered at

PS Barakhamba Road under Section 420 of the IPC. Upon completion of

investigation, a chargesheet was filed qua the accused persons including the

petitioners under Sections 406/120B of the IPC.

Submissions on behalf of the Petitioners

4.

Learned counsel for the petitioners submitted that as per the case of the

prosecution, the complaints received again