Amit Sarup v. State

1. Present petition is filed under Section 439 Cr.P.C. for grant of bail in case FIR No.272/2018 for offences punishable under Sections 420/406/120- B/34/174-A IPC registered at Police Station Shakarpur, Delhi.

2. Case of prosecution is that on 08.06.2017, 12 complainants had jointly sent their complaints to the Officer Incharge/D.C.P. Economic Offence Wing, Mandir Marg, New Delhi, against M/s Pritika Fashions Partnership Firm and M/s Pritika Fashion Private Limited, M/s Expression Fashion Inc, M/s Expression Fashion, a Partnership Firm, Mr. Amit Sarup (petitioner herein) and Mr. Pradeep Sachdeva. 2020:DHC:1537

3. It is alleged in the complaint that petitioner alongwith Mr. Pradeep Sachdeva was partner of M/S Pritika Fashion, firm having their Office at 81, 2nd Floor, Vijay Chowk, Vikas Marg, Laxmi Nagar, Delhi-110092 and that it is a Company incorporated under the Companies Act. They had taken showrooms on rent / lease for the purpose of selling readymade garments, accessories, etc. and both accused approached all complainants and had entered into an Agreement / Memorandum of Understanding. They had taken security from the complainants, assuring them that they would certainly earn Rs.50,000/- or more per month. After investigation by the Economic Offence Wing, the Incharge of said Wing sent the complaint for registration of FIR and in pursuance to that aforesaid FIR was registered at Police Station Shakarpur, Delhi. Later on, the said case was transferred to Police Station Laxmi Nagar, Delhi.

4. The first complainant, namely Ratan Lal Balani, made complaint dated 8.6.2017 alongwith complainant No. 2, namely Nita Kukreja, who had entered into a Memorandum of Understanding with M/s Pritika Fashion Private Limited on 23.01.2012 and a showroom bearing No. G-40, Shaheen Bagh, Kalindi Runj, New Delhi, was handed over to them and they worked there till 2014. Both of them had received Rs.3,34,290/- and thereafter, accused persons had issued cheque of security amount which has been deposited by the aforesaid persons alongwith three cheques of Rs.50,000/and all the cheques have been dishonoured. Accordingly, both complainants named above have filed cases under Section 138 of Negotiable Instruments Act (NI Act) which are pending disposal.

5. Learned counsel appearing on behalf of the petitioner submits that Ratan Lal Balani and Nita Kukreja have also filed a Civil Suit bearing C.S. No.2284/2016 against M/s Pritika Fashion Pvt. Ltd. and petitioner which was decided by Learned Additional District Judge vide judgment dated 20.1.2017 and in said case, the Court was pleased to frame the issue i.e. whether the present suit is bad for mis-joinder of parties as alleged by the defendant. Said issue was decided in favour of plaintiff by holding that the Directors of the Company i.e. petitioner herein, are not liable to pay any amount and the Court was pleased to issue decree against Company i.e. M/s Pritika Fashion Pvt. Ltd.

6. It is further submitted that Complainant No. 3/Bhawna Balani had entered into an Memorandum of Understanding/Agreement with accused persons on 10.1.2012 and showroom bearing no. 204-205, 2nd Floor, City Centre Mall, Rohini, Delhi, was handed over to her and she received Rs.5,93,640/- as profit for running said showroom. Cheque of security amount which was issued by accused was received dishonoured and complainant filed a complaint case under Section 138 NI Act which is pending adjudication.

7. Moreover, Bhawna Balani has also filed a Civil Suit bearing C.S. No.2289/2016 which was decided by learned Additional District Judge vide judgment dated 20.1.2017 and suit was decreed against Company i.e. M/s Pritika Fashion Pvt. Ltd., and dismissed qua defendant Nos. 2 and 3 i.e. Amit Sarup(petitioner herein) and Pradeep Sachdeva, both are Directors of said Company.

8. It is also submitted fact that complainant No. 4, Santosh Singla and Lovnish Singhal have alleged in complaint dated 8.6.2017 that they have entered into an Agreement to Sell/Memorandum of Understanding dated 1.6.2011 with accused persons. The cheque of security amount was received by firm M/s Pritika Fashion Private Limited but alleged Agreement/Memorandum of Understanding dated 1.6.2018 was not signed by accused persons and complainants themselves have forged their signatures and as such there is no agreement.

9. Further, case of petitioner is that petitioner has already returned cheque of security amount to them and complainants have filed case under Section 138 NI Act in Court at Jind, Haryana, where petitioner has been convicted.

10. It is further submitted that complainant No. 6, namely Hemant Khurana, also entered into an Agreement/Memorandum of Understanding with M/s Pritika Fashion Private Limited in August, 2011 and Shop NO. 104, First Floor, Sahara Mall, Gurgaon was handed over to him where he worked and in the year 2014, cheque of security amount was returned to him. Thereafter, he filed a case under Section 138 of NI Act which is pending disposal.

11. Learned counsel for petitioner submits that Hemant Khurana has furnished statement of account of his firm to the IO of the case and according to said statement, he has shown that he has to recover balance amount from Company.

12. It is further submitted that complainant No. 7, namely Amisha Gupta, complainant No. 8, namely Sakriti Mittal, alongwith Rajinder Mittal have entered into an Agreement / Memorandum of Understanding and a showroom bearing No. G GA Plot, Sector-5, Dwarka, New Delhi, was handed over to them and they received Rs.81,000/- towards profit as per their statement.

13. In addition, complainant No. 9, namely Ms. Rajni Anand, and complainant No. 10, namely Ms. Kanika Sikka, have also entered into an agreement with M/s Pritika Fashion Private Limited but already FIR No. 328/2015 has already been registered on their complaint in Police Station-Hazarat Nizamuddin and the charge-sheet in FIR No. 328/15 has been filed before learned Metropolitan Magistrate, Saket Courts, New Delhi, without arresting petitioner herein.

14. Learned counsel for petitioner further submits that complainant Mr. Anshuman Sharma had also entered into an Agreement/Memorandum of Understanding with M/s Pritika Fashion Private Limited and a showroom in Gurgaon was handed over to him and thereafter, his franchisee was terminated and on his complaint, FIR No. 2758/15 has been registered at Police Station-Shakar Pur which is pending disposal.

15. It is further submitted, petitioner has never been called to join investigation in aforesaid FIR No.2758/15 as petitioner has entered into compromise with Anshuman Sharma and has already given copy of compromise agreement to IO and that is why, petitioner was never called to join investigation nor any charge-sheet has been filed in said case.