* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 21^st January, 2025 Pronounced on: 24^th April, 2025 + CRL.M.C. 1167/2018 & Crl. M.A.4251/2018 MINOTI BAHRI Former Non-Executive Director, M/s Unitech Ltd.

R-87, Greater Kailash-I, New Delhi-110024.

.....Petitioner Through: Mr. Pawan Narang, Senior Advocate with Mr.Abhishek Kumar, Ms. Twinkle Kataria & Ms. Aishwarya, Advocates Versus

1. ANISH HANDA S/o Late Dr. S.K. Handa, R/o B-3/1001, Parsvnath Exotica, Golf Course Road, Sector-53, Gurgaon-122001.

2. POOJA HANDA W/o Mr. Anish Handa R/o B-3/1001, Prsvnath Exotica, Golf Course Road, Sector-53, Gurgaon-122001.

.....Respondents Through: Mr. Hitesh Vali, Additional Public Prosecutor for State with Inspector A.K.Singh, EOW + CRL.M.C. 3805/2018 & Crl.M.A.28987/2018 MINOTI BAHRI D/o Dr. Gandharv Raj Bahri R-87, Greater Kailash-I, New Delhi-110024.

.....Petitioner Signature Not Verified Signed By:ANIL CRL.M.C. 1167/2018 & Connected matter Page 1 of 14 Through: Mr. Pawan Narang, Senior Advocate with Mr. Abhishek Kumar, Ms. Twinkle Kataria & Ms. Aishwarya, Advocates Versus

1. STATE OF NCT OF DELHI

2. VIDYA BHUSHAN DHAR R/o Flat No.D-1005, Vijaya Apartments, Ahimsa Khand-II, Indirapuram, Gaziabad-201014.

3. SNEH DHAR R/o Flat No.D-1005, Vijaya Apartments, Ahimsa Khand-II, Indirapuram, Gaziabad-201014.

.....Respondents Through: Mr. Hitesh Vali, Additional Public Prosecutor for Respondent No.1- State with Inspector A.K.Singh, EOW CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

J U D G M E N T

NEENA BANSAL KRISHNA, J.

1. The aforesaid two Petitions are being decided together as they involve the same question.

2. In the aforesaid two Petitions under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as „CrPC‟) Petitioner/Minoti Bahri, has sought quashing of the aforementioned two Complaints; and Order dated 02.06.2017 and 02.06.2018 vide which she has Signature Not Verified Signed By:ANIL CRL.M.C. 1167/2018 & Connected matter Page 2 of 14 been summoned for offences under Section 420/409/120-B/34 of the Indian Penal Code, 1860 (hereinafter referred to as „IPC‟).

3. In the Petition bearing No. Crl. M.C. 3805/2018, additionally, seeking quashing of the Order dated 30.07.2018 whereby Non-Bailable Warrants were issued against the Petitioner, is also sought.

4. Briefly stated, Petitioner/Minoti Bahri has asserted that she is the former Non-Executive Director of the Company M/s Unitech Ltd., and was chiefly involved in running Shikshantar School, Gurgaon, Haryana and attended the Meetings of M/s Unitech Limited as a Non-Executive Director. 5. On 06.04.2017, the Respondents/Anish Handa and Pooja Handa filed CC No. 4045/2017 under Section under Section 200 CrPC, before learned ACMM against M/s Unitech Ltd. and its Directors including the Petitioner for offences under S. 420/409/120-B/34 IPC. The averments made in the Complaint were that the accused Company, M/s Unitech Ltd. launched a Group Housing Project called “Unitech Cascades” on Plot No.8, Sector Pi-II (Alistonia Estate) Greater Noida, Distt. Gautam Budh Nagar, Uttar Pradesh, in 2005.

6. In 2006, the Complainants entered into an Agreement to Sell to purchase the Apartment No. 502, Tower-2 of approximately 1537 sq. ft., from Mrs. Dr. Anju Chadha, wife of Sh. Gagan Chadha, the „original Allottee‟ for a sale consideration of the Apartment is Rs. 36,26,694.00/- which includes basic price, PLC amount, lease rent and parking space. The original Allottee had made a payment of Rs.13,37,188/- to the accused Company till the date of transfer of allotment of Apartment, in favour of the Complainants. The Complainants paid to the original Allottee all the amount Signature Not Verified Signed By:ANIL CRL.M.C. 1167/2018 & Connected matter Page 3 of 14 deposited by him with the accused Company till the date of signing of Agreement along with the premium. They also agreed to pay the outstanding dues to the accused Company payable till possession.

7. On completion of the prescribed formalities, the a