VIPUL GUPTA Vs. STATE

JUDGEMENT

(1.) The aforesaid writ petitions have been preferred by the petitioners, assailing the communication dated 13.12.2011 issued by the Director of Prosecution, Delhi, to the Principal Secretary (Home) bearing No. 4383/DOP/2011 Dated 13.12.2011, whereby the Director of Prosecution sought instructions whether the concerned APP has to press the application filed before the court of the Learned ACMM, Tis Hazari Courts, Delhi Under Section 321 Cr.P.C. for withdrawal from prosecution in case FIR Nos. 90/2000, 99/2002 and 148/2002 registered at P.S. Connaught Place and Defence Colony. The petitioners also assail the order passed by the Hon ble Lieutenant Governor on 15.12.2011 agreeing with the proposal not to press the applications for withdrawal of the aforesaid cases under Section 321 Cr.P.C. before the competent court, so that the trial may be allowed to proceed on merits. The petitioners also seek orders declaring that the revocation of the previous decision to withdraw prosecution in the aforesaid cases registered against the petitioners is unconstitutional on the ground that sanction has not been taken from all the departments.

(2.) As per the case of the prosecution, the petitioners, who are stated to be the Directors of M/s Sunair Hotels Limited, approached M/s VLS Finance Limited around December, 1994 with a proposal to finance a hotel project likely to be set up in Gol Market Area, Connaught Place, New Delhi. The petitioners represented that they would invest Rs.21 crores towards equity shares capital in the company, namely, M/s Sunair Hotels Limited, in case VLS Finance Ltd invests Rs.7 crores towards 25% equity share capital in M/s Sunair Hotels Ltd. It appears that VLS Finance Ltd invested the said amount of Rs.7 crores. VLS Finance Ltd. made complaints alleging the commission of offences under various sections of the IPC by the petitioners, on the ground that the petitioners had not made their contribution of Rs.21 crores in the equity share capital of M/s Sunair Hotels Pvt. Ltd., and had manipulated their accounts to show the making of such share capital investment. On the basis of the complaints made by the complainant M/s VLS Finance Ltd, the aforesaid FIRs came to be registered and investigated. The details of the FIRs are as follows: <FRM>JUDGEMENT_2581_ILRDLH22_2012_1.html</FRM>

(3.) The charge-sheets also stand filed in these cases against the accused persons (petitioners herein) in the concerned court of the Learned Metropolitan Magistrate.