Final Order 1

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Bail application no. 429/22
State Vs. Suresh Kumar Aggarwal
Bail application no. 430/22
State Vs. Uma Aggarwal
FIR No. 26/22
PS EOW
U/s 406/420/120B IPC
10.03.2022
Present: Sh. Ravindra Kumar, Ld. Addl. PP for the State alongwith IO
Inspector Bharat.
Sh. Anil Pawar, Ld. Counsel for applicant/accused.
Ld. Counsel for complainant alongwith complainant Ms. Farah
Ahmed.
This is an application for anticipatory bail on behalf of accused
Uma Aggarwal and Suresh Kumar Aggarwal.
Reply filed.
Brief facts as per reply filed that the complainant Farah Ahmed
alleged that accused Suresh Kumar Aggarwal and Uma Aggarwa are
running a company under the name and style of M/s Tempo Appliances Pvt.
Ltd. and induced the complainant and her family members to purchase the
shares of their company pursuant to which their family paid Rs. 4,03,750/
each to the accused persons. She also alleged that as per sale purchase
agreement, the paid up capital of the company was Rs. 49,53,100/. It is
also alleged in the complaint that her father was induced by accused
persons to purchase the land/portion of plot at Begumpur, Khataula
Industrial Area HSIIDC, Distt. Gurgaon measuring 950 Sq. Yd. for a sale
consideration of Rs. 4.62 crores out of which Rs. 3.12 crores were paid at
the time of execution of agreement of sale/purchase dated 01.05.2017 and
further paid a sum of Rs. 16.15 lacs for purchase of shares therefore, paid a
total sum of Rs. 3,28,15,000/ but the accused have not executed the share
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transfer certificate nor the sale deed in favour of complainant and her family
members despite several requests.
During inquiry, accused Suresh Kumar Aggarwal was also
examined in which he disclosed that he and Shamim Ahmed, father of
complainant were good friends and also admitted to offer 1/3 share land
situated in Gurgaon which was registered in the name of his company M/s
Tempo Appliances Pvt. Ltd. He stated that he received approx. Rs. 16 lacs
from different bank accounts in the name of his family members and on
clarification stated that the land in question was agricultural land. During
investigation it is also found the signatures of Uma Aggarwal on agreement
to sell dated 01.05.2017 and share transfer agreement dated 07.09.2017 are
different and the land used was also found to be misrepresented thereby
caused a wrongful loss of Rs. 3,28,15,000/ and the case was registered on
09.02.2022.
Ld. Counsel for accused submitted that entire dispute is civil in
nature. No criminal offence is made out from the complaint. Ld. Counsel
submits that though as per agreement to sell in question dated 01.05.2017,
it is written that first party has received an amount of Rs. 3,12,00,000/
however no such money was received and received only a payment of Rs.
16,15,000/ which has been paid only to the director Uma Aggarwal from
the complainant and her family members. The complainant and family
members have not paid the balance amount of Rs. 1,50,00,000/. The
agreement dated 01.05.2017 shows that complainant alongwith her family
member would acquire share of 32.63% subject to payment of the
agreement dated 01.05.2017 but the complainant and family members not
paid the amount of Rs. 4,62,00,000/ except an amount of Rs. 16.15 lacs.
The agreement got expired as the payment was not made. Furthermore as
per terms 12 of the agreement dated 01.05.2017 if there is any dispute
between the parties, the same would be resolved through Arbitrator
therefore, in terms of the agreement sole arbitrator was appointed to get the
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said agreement as null and void. Notice was also issued however the
complainant and her family members did not respond to notice. The
accused also filed a petition u/s 9 before the Hon’ble High Court of Delhi
however no exparte injunction was granted, and on filing of petition u/s
11, the arbitrator was appointed and during proceedings, the counsel for
complainant submitted that they have no objection if the dispute were
referred to independent arbitrator, and during the said proceedings, the
accused came to know about the present FIR therefore, moved a quashing
petition before Hon’ble High Court of Delhi and the Hon’ble High Court of
Delhi vide order dated 02.03.2022 issued show cause for 05.03.2022. Ld.
Counsel submits that no criminal case is at all made out and the entire
dispute is civil in nature. All the evidence is documentary in nature and no
custodial interrogation is required therefore, the accused persons be
released on anticipatory bail.
Ld. Addl. PP submits that there is an ex facie cheating of Rs.
3.12 crore. The agreement categorically mentioning the receiving of such
amount which is denied by the accused persons. Accused persons even have
not formally transferred the shares after receiving the amount of around Rs.
16.15 lacs. Ld. Addl. PP submits that during investigation, it is also found
that the signature of Uma Aggarwal on share transfer agreement dated
07.09.2017 and 01.05.2017 are different. Ld. Addl. PP submits that
custodial interrogation is required for in depth investigation. Therefore, the
present application is liable to be dismissed.
The counsel for complainant submits that in the garb of
friendship with the father of complainant, the accused had cheated for such
a huge amount and are neither returning the money nor transferring the
land in favour of the complainant and her family members. Prima facie
offence of cheating is made out and there is also no stay of investigation by
Hon’ble High Court of Delhi in quashing petition only the notice has been
issued.
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Heard. The brief background facts are that an agreement to
sell dated 01.05.2017 was issued for sale of land for a total sum of Rs.
4,62,00,000/ out of which Rs. 3,12,00,000/ were paid at the time of
execution of agreement and thereafter Rs. 16,15,000/ paid for purchase of
shares in terms of agreement however no steps have been taken for transfer
of the property. On the other hand, the accused party even denied of
receiving of Rs. 3,12,00,000/. There is explicit mentioning of receiving of
Rs. 3.12 crores in the said agreement. It is also not the case that the said
agreement was issued in duress, therefore no such payment was made.
There is no immediate complaint to police regarding the non receiving of
Rs. 3.12 cores after execution of agreement. The prima facie offence of
wrongful loss of Rs. 3.12 crores and wrongful gain to accused persons made
out. The custodial interrogation is required for ascertaining the facts and
recovery of money. The offence at this stage cannot be said to be merely of
civil nature. In these facts and circumstances, I am not inclined to release
the applicants/accused on anticipatory bail. Hence, the present applications
of accused Suresh Kumar Aggarwal and Uma Aggarwal are dismissed.
Applications disposed of accordingly.
Copy of the order be given dasti to parties.
(Ajay Kumar Jain)
ASJ/Spl. Judge, NDPS/N. Delhi
10.03.2022
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