MAHENDER KUMAR AGGARWAL Vs. STATE OF DELHI

JUDGEMENT

(1.) This writ petition under Article 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C has been preferred by the petitioner for setting aside the order dated 8th November, 2006, directing registration of an FIR against the petitioner and for quashing the FIR No. 612 of 2006 at Police Station Connaught Place.

(2.) A perusal of the instant FIR would show that the complainant alleged that the he was a well-known builder namely M/s Ansal Buildwell Limited. Some dispute was going on with the petitioner in respect of the deposits made by him regarding booking in future projects. The petitioner started pressurising the officials of the respondent company that they should give him Rs.50 lac over and above the amount deposited by him in respect of future project at Panipat failing which he would implicate the complainant/respondent officials in false cases and if the company wants to save it from the cases, it should give Rs.50 lac extra. The petitioner had also filed a complaint at Panipat in respect of the cheating committed by the complainant. The complainant contended that it had also filed a suit for declaration, injunction and defamation against the petitioner before this Court. In that suit the company expressed its willingness to deposit the amount payable to the petitioner and notice of suit was issued to the petitioner. The petitioner, on coming to know of the suit, got a phone call made at the office number of the complainant from one Mr. Dahia who told that a case was registered against the complainant officials in Delhi and soon they would be arrested. To avoid the same, the company should pay Rs. 50 lac and withdraw the other cases.

(3.) On the basis of above complaint, the learned Metropolitan Magistrate ordered for registration of an FIR against the petitioner and the others who were named in the complaint under Section 384/506 read with Section 120B of IPC. Section 384 provides for punishment of offence of extortion. The extortion is defined in Section 383 of Indian Penal Code which reads as under: