ROHTAS MAL GUPTA Vs. STATE

JUDGEMENT

(1.) The petitioner herein made complaint, on which an FIR No. 28/2010 dated 19.2.2010 registered under Section 406/409/420/120 - B IPC with PS Economic Offences Wing, Crime Branch, New Delhi against Respondent no.2 and Directors of M/s Vigneshwara Developers Pvt. Ltd for cheating, forgery and criminal breach of trust. Subsequently, the bank accounts of M/s Vigneshwara Developers Pvt. Ltd. bearing A/c No. 90631010001161 with the Syndicate Bank, Vayu Bhawan, Air Force Headquarters, New Delhi and A/c No. 039905000577 with the ICICI Bank Ltd., Vipul Orchid Plaza, Suncity Sector 54, Gurgaon were frozen in order to safeguard the interests of the petitioner and other complainants.

(2.) Respondent no. 2 herein moved an application seeking de - freezing of the aforesaid two bank accounts wherein the Respondent no. 2 had stated that the said bank accounts be de - freezed subject to the depositing of a sum of 1 1.16 crores in the court concerned (which sum was alleged by the Respondent no. 2 to be the only sum received from the complainants concerned which was obviously patently false).

(3.) Subsequently on completion of pre - summoning evidence in another complaint case against Respondent no. 2 by IMS Mercantile Pvt. Ltd. and upon the orders of summoning being issued against Respondent no. 2, the Respondent no. 2 entered into settlement talks with the petitioner on assurances that Respondent no. 2 was eager to settle the matter with all the complainants. Accordingly, the petitioner and Respondent no. 2 entered into the settlement.