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

Digitally Signed

By:NIDHI

Signing Date:04.12.2023

12:03:31

Signature Not Verified

Page 2

Courts, New Delhi in Criminal Revision bearing no.558/2018 titled

as Basant Kumar Goswami V M/S Morgan Securities& Credits

Pvt. Ltd.and order dated 10.10.2018 passed by the court of Sh.

Dharmender Singh, Metropolitan Magistrate- 05, Patiala House

Courts, New Delhi in Complaint Case bearing no.15857/2017 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 no.2/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 no15857/2017 on 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

no.2/the complainant for the financial assistance forbusiness purposes

Digitally Signed

By:NIDHI

Signing Date:04.12.2023

12:03:31

Signature Not Verified

Page 3

by way of Inter Corporate Deposit(ICD) facility with a promise to

repay back theamount of the ICD as per the terms mutuallyagreed

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 no. 2/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 alongwith interest as agreed.

2.1

The respondentno.2/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 Signatoryof the accused no 1 and are

Digitally Signed

By:NIDHI

Signing Date:04.12.2023

12:03:31

Signature Not Verified

Page 4

incharge of day to day affairs and are responsible for the conduct of

the business of the accused No.1 and for all acts and deedscommitted

by or on behalf of the accused no. 1.

2.2

The respondent no.2/the complainant also filed / initiated

arbitration proceedings against the accused No. 1, 2 and the accused

no.6 and M/sMorepan 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 no.2/the complainant

and a Memorandum of Settlement dated 27.05.2003 was signed and

accordingly the Arbitrator passed a ConsentAward 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 severalcheques and most of them were got dishonour. 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 theoutstanding bill had

issued t