* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Reserved on: 20th August, 2025

Pronounced on: 21st November, 2025

+ CRL.M.C. 2953/2021, CRL.M.A. 18572/2021

1. MOHINDER KUMAR JAIN

SON OF LATE SHRI R.S. JAIN,

R/O B-2, PUSHPANJALI FARMS,

BIJWASAN,

NEW DELHI

mkjain@chelseamiills.com

+9810158390

2. SMT. NIRU JAIN

WIFE OF SHRI MOHINDER KUMAR HAIN

R/O B-2, PUSHPANJALI FARMS,

BIJWASAN,

NEW DELHI

mkjain@chelseamiills.com

+9810158390

3. RISHABH JAIN

SON OF SHRI MOHINDER KUMAR JAIN ,

R/O B-2, PUSHPANJALI FARMS,

BIJWASAN,

NEW DELHI

mkjain@chelseamiills.com

+9810158390

4. MK JAIN (HUF)

Through its Karta, Mr. M.K. Jain

B-2, PUSHPANJALI FARMS,

BIJWASAN,

NEW DELHI

mkjain@chelseamiills.com

+9810158390

.....Petitioners

Through: Mr. Vipul Wadhwa, Ms. Kashika Gera, Advocates.

versus

1. THE STATE OF NCT OF DELHI

2. ANGLE INFRASTRUCTURE PVT. LTD.

THROUGH ITS DIRECTOR MR. RAJIV NARDA

201, ELEGANCE TOWER, PLOT NO.8,

DISTRICT CENTER, JASOLA

DELHI-110025

krrishinfra@yahoo.com

.....Respondents

Through: Mr. Shoaib Haider, APP for the State with SI Amit Tyagi, P.S. EOW

Ms. Rebbecca John, Senior Advocate with Mr. Gurpreet Singh, Mr. Prabir Singh, Mr. Bakul Jain and Mr. Jatin S. Sethi, Advocates for R-2.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

J U D G M E N T

NEENA BANSAL KRISHNA, J.

1. Petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”) has been filed on behalf of the Petitioners for setting aside Order dated 19.07.2021 passed in Crl. Revision No.67/2020 by learned ASJ-02, New Delhi vide which the Order of learned ACMM dated 22.12.2020 directing registration of FIR on the Application under Section 156(3) Cr.P.C., was set aside.

2. Briefly stated, Complaint under Section 200 Cr.P.C. had been filed on behalf of the Petitioner, a Hindu Undivided Family (HUF), engaged in business of manufacturing and export of garments. Some time in the month of August, 2018, Directors of Angle Infrastructure Pvt. Ltd. (Respondent No.2 Company), namely, Mr. Amit Katyal and Mr. Rajiv Narda approached the Petitioners with an investment proposal and represented Mr. Amit Katyal to be the sole and absolute owner of a parcel of land admeasuring 13.456 acres located at Section-70, Gurgaon, Haryana (‘Schedule Land’). They further represented that Respondent No.2 Company has been granted a License bearing No.170/2008 for the development of a residential complex comprising of Apartments, villas, etc. on the Schedule Land (‘Florence Estate’).

3. At the relevant time, Mr. Amit Katyal was 99.9% shareholder of Respondent No.2 Company and Mr. Rajiv Narda was a Director. They both represented that in terms of the Policy for creating Transit Oriented Development (TOD), issued by the Town and Country Planning Department vide Notification dated 09.02.2016, Developers including the Respondent No.2 Company, have been permitted additional Floor Area Ratio (FAR) for commercial use for Projects falling within the TOD Zone. They further represented that the Schedule Land to the extent of 31 Kanal and 9 Marla falls within the TOD Zone and therefore, Respondent No.2 Company is entitled to additional FAR for Florence Estate for the commercial use in terms of the Notification.

4. It was further represented that Respondent No.2 Company was in need of funds for the purpose of obtaining requisite permissions, Letter of Intents (‘LoI’), etc. for additional FAR and for changing the land use to commercial. Meetings were held between the Petitioner and Directors of Respondent No.2 Company on numerous occasions and various terms were negotiated. On the basis of the endorsement and representations of Mr. Amit Katyal and Mr. Rajiv Narda and purely on the basis of assurance given by them, an MoU dated 16.08.2018 was executed between the Petitioners and Respondent No.2 Company and Venta Realtech Pvt. Ltd. (‘VRPL’) was the confirming party to the MoU.

5. In terms of MoU, the Petitioners w

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