Crl.M.Cs.No.473, 586, 599 of 2005 & Crl.M.C.No.3433/2009

Page 1 of 14

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

+

(i)

CRL.M.C. 473/2005

B.M. GUPTA

..... Petitioner

Through:

Mr. Mohit Mathur, Advocate

versus

STATE & ANR.

..... Respondents

Through:

Mr. Mukesh Gupta, Additional Public

Prosecutor for respondent No.1-State

Mr. Aman Lekhi, Senior Advocate, with

Mr. Mudit Jain, Mr. Abhishek & Mr.

Subadhra Shukla, Advocates

+

(ii)

CRL.M.C. 586/2005

V.JAIN

..... Petitioner

Through:

Mr. Sandip Sethi, Senior Advocate with

Mr. Amarjit Singh, Mr. Gurvinder Singh

& Mr. Shiv Gupta, Advocates

versus

STATE & ANR.

..... Respondents

Through:

Mr. Mukesh Gupta, Additional Public

Prosecutor for respondent No.1-State

Mr. Aman Lekhi, Senior Advocate, with

Mr. Mudit Jain, Mr. Abhishek & Mr.

Subadhra Shukla, Advocates

2013:DHC:3963

Crl.M.Cs.No.473, 586, 599 of 2005 & Crl.M.C.No.3433/2009

Page 2 of 14

+

(iii)

CRL.M.C. 599/2005

VINOD

..... Petitioner

Through:

Mr. Sunil Sethi, Advocate

versus

STATE & ANR.

..... Respondents

Through:

Mr. Mukesh Gupta, Additional Public

Prosecutor for respondent No.1-State

Mr. Aman Lekhi, Senior Advocate, with

Mr. Mudit Jain, Mr. Abhishek & Mr.

Subadhra Shukla, Advocates

+

(iv)

CRL.M.C. 3433/2009

A. JAIN

..... Petitioner

Through:

Mr. Vikas Pahwa, Senior Advocate with

Mr. Mahendra Rana, Advocate

versus

STATE & ANR.

..... Respondents

Through:

Mr. Mukesh Gupta, Additional Public

Prosecutor for respondent No.1-State

Mr. Aman Lekhi, Senior Advocate, with

Mr. Mudit Jain, Mr. Abhishek & Mr.

Subadhra Shukla, Advocates

CORAM:

HON'BLE MR. JUSTICE SUNIL GAUR

J U D G M E N T

1.

Petitioners of the above captioned four petitions are the accused persons

in Criminal Complaint under Sections 415/420/467/468/471 read with Section

120-B of IPC (Annexure – A) preferred by complainant-M/s. Kanin (India) Pvt.

Ltd. in which petitioners have been summoned as accused vide order of 15^th

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Crl.M.Cs.No.473, 586, 599 of 2005 & Crl.M.C.No.3433/2009

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September, 2004. Since the aforesaid criminal complaint (Annexure – A) and

summoning order of 15^th September, 2004 in relation to the aforesaid criminal

complaint, is common in the above four petitions and the submissions

advanced are also identical, therefore, with the consent of both the sides,

above-mentioned four petitions were heard together and are being disposed of

by this common judgment.

2.

It emerges from the record that complainant-company had purchased

Delhi from accused-A.P. Chaudhary (since deceased) and in lieu thereof,

complainant company had allotted to him 3840 equity shares of `100/- each at

par being equivalent to the value of plot i.e. `3,84,000/-. In respect of aforesaid

transaction, an Agreement to Sell of 17^th November, 1985 was executed by

petitioner-accused Arihant Jain in the capacity of Managing Director of the

complainant-company and the said Agreement was with accused-A.P.

Chaudhary (since deceased).

3.

According to respondent No.2-complainant, petitioners were aware of

the aforesaid transaction. On 2^nd January, 1986, accused-A.P. Chaudhary (since

deceased) and his wife-Ms. Vinod had resigned from complainant-company

and had transferred the shares held by them in favour of Arihant Jain, Inder

Jain (since deceased), who is wife of petitioner-accused Arihant Jain and was

well aware of the transaction regarding the acquiring of plot in question by the

complainant-company. Accused-A.P. Chaudhary (since deceased) had also

executed indemnity bond, his affidavit, undertaking, etc. in favour of

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complainant-company. In February, 2003, complainant-company had received

a legal notice sent by accused-Ms. Raman Jain (since deceased) asking

complainant-company to vacate the subject