CAPITAL BUILDCON PVT LTD Vs. SOMESH KUMAR BISHNOI

JUDGEMENT

(1.) The aforesaid three Petitions shall be decided together. A Contempt Petition under Sec. 2(b) of Contempt of Courts Act, 1971 has been filed by the Petitioner/Capital Buildcon Private Limited against the Respondent/Somesh Kumar Bishnoi for wilful and deliberate disobedience and breach of Affidavit of Undertaking dtd. 31/10/2018 and Orders 22/10/2018 and 23/1/2019. CRL. M.C. No. 4511/2017 and CRL. M.C. No. 4516/2017 have been filed by Somesh Kumar Bishnoi (accused in the Complaint case under Sec. 138 of the Negotiable Instruments Act, 1881).

(2.) It is submitted that the Petitioner is a Private Limited Company and is wholly owned subsidiary of Anant Raj Industries Limited. The Petitioner was engaged in the business of real estate and Pankaj Nakra was the Authorized Signatory.

(3.) On 9/12/2006, M/s Anant Raj Industries entered into an Agreement dtd. 6/12/2006 for sale/purchase of specified land and properties with Somesh Kumar Bishnoi, who in discharge of the liabilities under the said Agreement, issued two Cheques dtd. 31/5/2008 in the sum of Rs.5,00,00,000.00 and Rs.62,00,000.00 drawn on Bank of Baroda, in favour of in favour of the Petitioner/Capital Buildcon Private Limited, which on presentation, were dishonoured for the reasons "funds insufficient".