Vijay Mehta v. C.S. Prasad

(1) + CRL.M.C. 538/2015 (2) + CRL.M.C. 548/2015 (3) -t- CRL.M.C. 549/2015 (4) + CRL.M.C. 550/2015 (5) -1- CRL.M.C. 551/2015 (6) + CRL.M.C. 552/2015 (7) • -1- CRL.M.C. 553/2015 VIJAY MEHTA Through:

VERSUS

C.S.PRASAD Through: Petitioner Mr. Sidharth Luthra, Senior Advocate with Mr. Harish Gulati, Mr. A. Malhotra, Ms. Shriti Sinha and Mr. Arjun Dewan, Advocates Respondent Ms. Suruchi Aggarwal, Senior Standing Counsel with Ms. Sonia Dhingra and Mr. Aamir Asis, Advocates CORAM: HON'BLE MR.

JUSTICE SUNIL GAUR

JUDGMENT

% (ORAL) Crl.M.A.Nos. 2074/2015. 2099/2015. 2101/2015. 2103/2015. 2105/2015. 2107/2015 and 2109/2015 (Exemption^ Allowed subject to all just exceptions. Crl.M.C.Nos.538 and 548-553 of 2015 Page 1 2015:DHC:10738 Crl.M.A. No. 2073/2015. 2098/2015. 2100/2015. 2102/2015. 2104/2015. 2106/2015 and 2108/2015 fstav^ in CRL.M.C. 538/2015 & CRL.M.C. Nos. 548 to 53/2015 In the above captioned seven petitions, the challenge is to the appellate court's order of29^ January, 2015 vide which petitioner's applications under Section 391 of Cr. P.C. have been dismissed while holding that along with the applications, two documents have been annexed but the exact details ofbank accounts have not been disclosed nor any ledgerhas beenproducedto substantiatethe fact that petitioner was possessing money to pay the wealth tax. Notice. Ms. Suruchi Aggarwal, Advocate accepts notice on behalf of respondents and submits that there is no infirmity in the impugned order as the present applications have been filed just to delay the proceedings. With the consent of both the parties, these petitions are clubbedtogetherand by this common order have been disposed of. Learned Senior Counsel for petitioner contends that the impugned order is factually incorrect as with the applications under Section 391 of Cr.P.C., there was Annexure-A in which the details of the petitioner's bank account have been disclosed and there is also reference of the assessment orders of 27'^ February, 1986 and February, 1989. It was pointed out on behalf of petitioner that the aforesaid order in original along with the certified copy of the bank statement of SB No. 6157 of Canara Bank, Tagore Garden Branch, New Delhi for the period from January, 1981 to March, 1982 are in possession of petitioners and concerned officials from the bank and Crl.M.C.Nos.538 and 548-553 of 2015 Page 2 income-tax department are required to be summoned to prove these documents, which are essential for justdecision ofthe appeal. The opposition by learned counsel for respondent is on the ground thatfinal arguments have already been heard bythe appellate th court on 29 January, 2015 and the matter is now fixed for orders on 12^February, 2015 and allowing ofthese applications would definitely delay the proceedings in the appeal. Upon hearing both the sides and on perusal of the impugned order, copy of the application under Section 391 of Cr.P.C. with its Annexure-A, filed before the appellate court, this court is of the considered opinion that merely because petitioner has recently discovered the documents would not be a ground to disallow petitioner's applications. The documents sought tobeproved onrecord appear to beirrelevant for the Just decision ofthis case. Inview ofthe aforesaid, impugned order is hereby quashed and petitioner's applications under Section 391 of Cr. P.C. are allowed subject to cost of ^3,50,000/- (intotal) to be deposited withPrimeMinister National Relief Fund within a week and its receipt be produced before the appellate court. Petitioner is permitted to place on record the documents mentioned in Annexure-A to the application underSection 391 Cr. P.C. and to take steps to summon the witnesses to prove the certified copy ofthebank statement and theoriginal assessment orders of 27^ February, 1986 for the assessment year 1983-84 and 14^ February, 1989 for the assessment year 1986-87, by tomorrow. Let the relevant witnesses be summoned for a short date and the Crl.M.C.Nos.538 and 548-553 of 2015 Page 3 (P hearing in these petitions be expedited and be concludedpreferably on orbefore 31®' May, 2015. With the aforesaid directions, these petitions and applications are disposed of. Appellate courtbe apprised of this orderforthwith. Copy ofthis order be given dasti to both sides under signatures of Court Master. (SUNIL GAUR) Judge FEBRUARY 11,2015 rs • Crl.M.C.Nos.538 and 548-553 of 2015 Page 4