RAVI VANSHA NARAYAN MATHUR Vs. STATE

JUDGEMENT

(1.) This petition has been filed under Article 226 of the Constitution of India read with Sec. 482 Cr.P.C. for quashing the order dtd. 14/3/2016 passed by the learned Metropolitan Magistrate-03 (for short, 'MM '), South District, Saket, Delhi.

(2.) The facts as are relevant for the disposal of the present petition are that the petitioners and respondent No.2 entered into a commercial transaction where under the petitioners had leased out a property at Jaisalmer. The petitioner No.1 was a partner in the partnership firm by the name of M/s SRM Heritage Jaisalmer having its registered office at Mumbai. The petitioner No.2 was working as the Chief Development Officer of the partnership firm at the relevant time. The respondent No.2 is the Director of M/s JAH Developers Pvt. Ltd. ( 'company ') alongwith two other Directors, Mrs. Jaswanti Panwar (wife of respondent No.2) and their son Mr. Anuj Panwar. This company had constructed a hotel situated at Plot Nos.14, 15 and 16, Barmer Road, Jaisalmer known as Hotel Jaisal Villas in the year 2009, apparently taking a huge loan from the State Bank of India. It is this property that was taken on lease by the petitioners through Lease Deed dtd. 6/9/2013.

(3.) It is the contention of the petitioner that this Lease Deed was executed on 6/9/2013 by the respondent No.2 despite being aware of a restraint order upon them issued by the Debt Recovery Tribunal ( 'DRT ') on a plea of the State Bank of India ( 'Bank ') from whom the company had borrowed a heavy amount and after its account had become a Non Performing Asset (NPA). Apparently, the loan was taken on a mortgage of the land on which the hotel premises were constructed. Thus, according to the petitioners, it was with malafide intentions that the Lease Deed (Annexure P-1) was executed by the respondent no.2 and his company, for a period of 9 years, with a 'lock-in period ' of three years.