MUKESH BHATIA Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The present petition has been filed by the petitioner under Article 226 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure, 1973 for quashing of the FIR No. 566/2017 under Sec. 420/468/34 IPC and further added Ss. 471/174A/120B registered at P.S. Mandawali Fazalpur, East Delhi and the proceedings emanating therefrom.

(2.) Briefly stated, the facts of the case are that the present case was registered on the complaint of Dr. Dharamveer Singh Baliyan alleging that on 30/7/2009 his wife Smt. Usha Rani had applied for an outlet retailer shop Petrol Pump of Hindustan Petroleum Corporation Limited, at her plot Khurza Zewar Road in UP. On 5/10/2009 she received a registered letter from Hindustan Petroleum Corporation Limited for interview on 21/10/2009 at Mathura Refinery, in U P, thereafter, the complainant informed his close friend Jaiprakash Sharma about the same and on thus, accused Jai Prakash lured and instigated him by stating that he could get arranged the license of petrol pump with the help his associates. On 9/10/2009, alleged Jaiprakash with the intent to cheat, got arranged a meeting with one Raghvendra Singh Kanchan, Advocate, in Chamber at Supreme Court in New Delhi where advocate Kanchan demanded Rs.3,50,000.00 as advance to start the process with accused Mukesh Bhatia. On 12/10/2009, accused Jaiprakash and Raghvendra Singh Kanchan reached at complainant's house for collection of advance money for process, where complainant gave cash Rs.3,50,000.00 in the presence of witness Siya Ram.

(3.) On 13/10/2009 accused Jaiprakash again called the complainant at Supreme Court along with the call letter for a meeting with Raghvendra Singh Kanchan and accused Mukesh Bhatia. There, the accused Mukesh Bhatia impersonated himself as a member from the Ministry and assured the complainant that Regional Manager Sh. Onkar Nath was his known and he was asked to arrange Rupees sixty to sixty five lacs, out of which about Rs.35.00 lacs were for security, Rs.20.00 lacs for license and Rs.10.00 lacs for processing charge for getting the NOC from various departments. On 21/10/2009 interview of complainant's wife was conducted at Mathura Refinery. Accused persons namely Jai Prakash Sharma, Adv. Raghvendra Singh Kanchan and Mukesh Bhatia entered into a conspiracy and asked the complainant to fix a meeting with co-accused Onkar Nath, stated to be Regional Manager, HPCL for allotment of Petrol Pump in the month of January 2010. All accused persons and the complainant along with his friend Siya Ram went to Mathura Refinery. During the meeting, accused Onkar Nath assured the complainant to follow the directions of Mukesh Bhatia, and they would get the outlet retailer-shop of Petrol Pump. On 28/1/2010 accused Mukesh Bhatia along with accused Jaiprakash came at the house of complainant and took Rs.2.00 lacs as advance for processing of license. In this way, accused Mukesh Bhatia in collusion with his associates Jaiprakash, and Advocate Kanchan and Regional Manager Onkar Nath allegedly grabbed Rs, 64,00,000/- (Rupees Sixty four lacs) in cash and Rs.17,00,000.00 (Rupees Seventeen lacs) through cheque/ RTGS from the Complainant. On 15/1/2020, during the course of investigation accused Jai Prakash Sharma was arrested and remanded for two days. During police remand, accused Jaiprakash Sharma disclosed the conspiracy and modus of cheating. Accused Jaiprakash Sharma was enlarged on bail by the Court after payment of Rs.19.00 lacs to the complainant.