M.P.SINGH SAHNI Vs. STATE

JUDGEMENT

(1.) M .P.Singh Sahni (hereinafter referred as the petitioner or accused) has preferred various petitions CRL.M.C.Nos. 3772/2003, 2444 - 45/2005, 54/2008, 2790/2000, 3773/2003, 3779/2003, 3781/2003, 3782/2003, 3784/2003, 3193/2005 and 3783/2003 for quashing of the various criminal proceedings initiated against him by Harnam Singh (hereinafter referred as complainant or respondent No.2).

(2.) CASE of the complainant is that he is a highly qualified ex - banker having an experience of seventeen years. He was earlier posted at Senior Executive level in a Nationalized Bank. The petitioner and his wife Narider Pal Kaur Sahni engaged him to provide professional services in respect of non -delivery of 40,000 shares of M/s.Essar Gujarat Ltd. and for clearance of 11 FDRs with Kuwait International Finance Company (KIFCO). For that purpose, an agreement dated 22.07.1991 and irrevocable Power of Attorney dated 01.08.1991 were executed. Supplementary agreement dated 09.10.1992 was also executed. Again, an agreement/ memorandum of understanding dated 07.03.1995 and subsequent agreement dated 14.03.1995 were executed along with irrevocable General Power of Attorney (GPA) dated 18.05.1995 in his favour. He filed complaint with the National Consumer Dispute Redressal Commission; Civil Suit bearing No.2436/1996 against M/s.Essar Gujarat Ltd. and incurred expenses from his pocket. Vide notice dated 22.10.1997, the petitioner through his counsel Mr.Arvind Kumar Gupta, Advocate cancelled the GPA dated 18.05.1995. He sent reply to the petitioner on 25.10.1997. Petitioner's case is that he is a Non Resident Indian and is

(3.) ON 01.02.2013, the petitioner opted to address arguments without the assistance of his lawyer. The respondent No.2 also opted to address arguments himself. Common arguments in all the petitions were addressed by both.