C S AGGARWAL Vs. STATE

JUDGEMENT

(1.) By these petitions, the Petitioners seek anticipatory bail in case FIR No.264/2009 under Sections 420/406/120B IPC registered at P.S. EOW, Delhi.

(2.) Briefly the facts giving rise to filing of the present petitions are that in 2006 M/s Rockman Projects Ltd. (RPL) was incorporated with C.S. Aggarwal, D.K. Jain and Mrs. Nirmal Jain, wife of D.K. Jain as Directors. On 4 th May, 2006, a lease agreement for the lease of 286.73 acres of land was executed between 7 land owning companies (hereinafter referred to as "LOCs") of D.K. Jain and RPL. On 14 th July, 2006, RPL applied to the Ministry of Commerce and Industry, Government of India for setting up a Special Economic Zone (SEZ) at Delhi-Jaipur National Highway, Manesar, Gurgaon based on the lease agreement dated 4 th May, 2006. As per Rule 3 of the SEZ Rules, 2006, an applicant, who was either in ownership or lease holder of rights valid for twenty years or more on the date of application and in possession of the property, could apply for setting up a SEZ. On 22 nd August, 2006, the SEZ project was granted in-principle approval by the Government of India. On 30 th November, 2006, the lease between LOCs and RPL was substituted for 99 years in favour of RPL by 2 individuals and 7 LOCs. On 5 th February, 2007, an agreement to sell was entered into between the LOCs through D.K. Jain, C.S. Aggarwal and one Anjali Bhardwaj on behalf of the RPL for a consideration @ 12 lakhs per acre. On 15 th May, 2007 the complainant Sameer Kohli paid a sum of Rs.2 crores to RPL and a further sum of Rs.8 crores on 28 th May, 2007 for entering into a joint venture for the SEZ. On 18 th June, 2007, the complainant entered into an MOU with RPL for jointly developing SEZ by constituting a Special Purpose Vehicle (SPV) for the same. As per the MOU, the complainant agreed to pay a sum of Rs.185 crores to RPL for acquisition of 74% shares of the SPV. The MOU recorded that a sum of Rs.40 crores was received by the Petitioner C.S. Aggarwal. The balance Rs.145 crores was to be paid within 12 business days of SEZ notification being issued by the Government of India. It was further agreed that in the event the SEZ notification does not come through by 31 st December, 2008, the complainant will have the option to take 74% of the land. The complainant involved along with it one investment company namely Xander Investment Holding Ltd. for payment of balance consideration amounting to Rs.145 crores and a tripartite shareholder agreement (SHA) dated 19 th February, 2008 was entered into between the complainant and Xander on the one side and RPL on the other. However, on 31 st December, 2008, public notices were issued on behalf of Petitioner D.K. Jain withdrawing the purported letter of authority given to the Petitioner C.S. Aggarwal and also on behalf of LOCs of D.K. Jain. On 10 th July, 2009, a demand letter was issued by the RPL to the complainant demanding Rs.63 crores being extra cost incurred by RPL on account of increased price of land, consultancy fees/cost paid to government authorities etc. Consequently, on 12 th October, 2009 the complainant filed a complaint before P.S. Hauz Khas and another complaint before EOW on 14 th October, 2009. On 28 th October, 2009, a criminal complaint was filed before the Metropolitan Magistrate along with an application under Section 156(3) Cr.P.C. wherein a report was filed by P.S. Hauz Khas giving a prima facie opinion that the transaction between the parties was purely civil in nature and pointing out to concealment of SHA. On 23 rd December, 2009, the abovementioned FIR was registered by the EOW. In view of the FIR being registered, the learned Metropolitan Magistrate vide its order dated 14 th January, 2010 took on record FIR No.264/2009 and stayed the proceedings under Section 210 Cr.PC till filing of the final report.

(3.) The Petitioner C.S. Aggarwal had earlier filed WP(Crl.) No.57/2007 seeking quashing of abovementioned FIR No.264/2009 and interim protection. This Court vide order dated 19 th January, 2010 granted protection to the Petitioner C.S. Aggarwal. However, the said writ petition was dismissed on 11 th November, 2010. Letter?s Patent Appeal and Special Leave Petition were filed against the said order and interim protection was granted to the Petitioner but finally both were dismissed. On 12 th August, 2011, while dismissing the SLP, the Hon?ble Supreme Court granted liberty to the Petitioner C.S. Aggarwal to apply for bail/anticipatory bail. The Petitioner applied for anticipatory bail before the learned Additional Sessions Judge, who dismissed the same on 29 th August, 2011. Thus, the present petition before this Court.