High Court Punjab-Haryana High Court

Present: Mr.Atul Lakhanpal vs The Prayer Made In The Present … on 20 November, 2008

Punjab-Haryana High Court
Present: Mr.Atul Lakhanpal vs The Prayer Made In The Present … on 20 November, 2008
Criminal Misc.-M No.3516 of 2008                      :1 :


                    *****

Gagandeep Goel & another Vs. Radha Krishan & others

Present: Mr.Atul Lakhanpal, Senior Advocate with
Mr.Gaurav Deep Goyal, Advocate,
for the petitioners.

*****

The prayer made in the present petition is for holding an

enquiry as envisaged under Section 340 Cr.P.C. The petitioners

allege that Criminal Misc.Petition No.54821-M of 2007 was filed

before this court under Section 482 Cr.P.C. by the respondents. This

petition filed under Section 482 Cr.P.C. was supported by an affidavit

averring that contents of para Nos.1 to 27 thereof were true and

correct and no part of it was false and nothing had been concealed

therefrom. It is contended that number of wrong averments in the

affidavit as well as documents annexed with the petition were made.

The petitioners were even not the Managing Directors, who claimed

themselves to be so. In fact, all the wrong statements made in the

petition have been detailed in the petition and are as under:-

i) Vide para 1 of the petition, it has been wrongly stated

that the registered office of the Company is at SCF 4,

Sector 22, Chandigarh. Presently, the Registered

Office is at Kothi No.1119, Sector 18-C, Chandigarh. A

copy of the Resolution dated 18.01.2007 passed by the

Board of Directors of the Company (hereinafter referred

to as “the BoD”) is annexed herewith as Annexure C-
Criminal Misc.-M No.3516 of 2008 :2 :

3.

ii) Vide para 5 of the petition, it has been wrongly stated

that as desired by respondent No.4, the respondent-

accused No.1 put the lock on the premises and the

keys remained with both, respondent-accused No.1

and Shri Gaurav Deep Goel, respondent No.3 in the

petition as there were two set of keys of the lock.

iii) Vide para 11 of the petition, it has been wrongly stated

that the petitioners were effected by the action of the

bank and respondent-accused on his behalf and on

behalf of the Company filed an S.A. Before the DRT. It

is stated that in the entire petition before this Hon’ble

Court, the petitioners have not disclosed as to what

their status is in the Company; how they were affected

and what locus they had to file the S.A., before the

DRT, on behalf of the Company.

iv) Vide para 11 of the petition, it has been wrongly stated

that the respondent-accused No.1 showed his

readiness and willingness to pay off all the outstanding

amount/debt to the bank and in order to show his bona

fide, deposited an amount of Rs.20.00 lakh with the

bank. That the correct position is that the act of filing

the S.A. Was by personation, clandestine and mala

fide. The respondent-accused No.1 had no known

source from which he could pay off a loan of Rs.3.60

crores. Even the amount of Rs. 20.00 lakhs was

deposited by S.K.& Co.-Partner Vipin Jain, vide
Criminal Misc.-M No.3516 of 2008 :3 :

Demand Draft No.253029 dated 01.10.2007 issued by

the Vijaya Bank, Zirakpur (Punjab). A copy of the

Demand Draft is annexed herewith as Annexure C-4.

Neither S.K.& Co.nor its Partner Vipin Jain has

anything to do with the Company or its affairs. In nut

shell, it was a criminal conspiracy hatched to grab the

property of the company.

v) Vide para 13 of the petition, it has been wrongly stated

that the respondent-accused had opened the premises

with the keys that were with the respondent-accused

(No.1-7). It is stated that the premises had been lying

locked since 23.03.2006 and the key of the premises

was with complaint No.2. This is admitted by the

respondent-accused themselves in the so-called

`Minutes of Meeting’ dated 22.12.2006, drawn

fraudulently. A copy of the said so-called Minutes is

annexed herewith as Annexure C-5. All of a sudden,

in the night of 03/04.10.2007, the respondent accused

broke upon the locks of the premises. The respondent-

accused No.1 moved the DRT by personation.

Moreover, the order dated 03.10.2007 passed by the

DRT, annexed as Annexure P-7 with the petition, gave

no authority to open the premises by all the respondent

accused and their associates. The said order

concerned a proposal only made by the respondent

accused No.1.

vi) Vide para 13 of the petition, it has been wrongly stated
Criminal Misc.-M No.3516 of 2008 :4 :

that after opening the premises, daily sale were made

and the sale proceeds were deposited with the State

Bank of India. The fact is that after breaking open the

locks and committing trespass in the night of

03/04.10.2007, the respondent-accused deposited an

amount of Rs.10,000/- in the name of sale for

04.10.2007. No other amount was deposited by the

respondent-accused.

vii) Vide para 15 of the petition, it has been wrongly stated

that the proceedings u/s 145 Cr.P.C. were to divest the

respondent-accused from smooth running of the

business of the Company. The fact is that the

respondent-accused had never been in possession of

the premises nor they had ever run the business of the

Company nor they had any such locus.

viii) Vide para 22 of the petition, it has wrongly been

stated that in the Memorandum of Understanding

executed on 7th Sept., 2006, annexed as Annexure P-

15 with the petition, the respondent-accused, i.e. No.1

to 7, were on one hand and that they were to pay or

had paid some amount. The factual position is that in

the said Memorandum, respondent-accused No.1 only

was on one side.

ix) Vide para 27 of the petition, it has been wrongly stated

that running business of the Company had been

attached. The fact is that the business of the Company

had got closed on 23.03.2006. The respondent
Criminal Misc.-M No.3516 of 2008 :5 :

accused with their associates committed trespass in

the night of 03/04.10.2007. On coming to know, a

complaint dated 03.10.2007 was lodged with the local

police by the complainant No.2. A copy of the complaint

made is annexed as Annexure C-6. The police closed

the premises in the night itself. This is apparent from

the copy of the DDR No.34 dated 04.10.2007 annexed

as Annexure P-10 with the petition. However, the

respondent-accused opened the premises next date,

i.e. On 04.10.2007, again and the police closed the

same, again. The respondent accused have

deliberately withheld information regarding the events

which actually took place.

x) Vide Ground at (viii) of para 27 of the petition, it has

wrongly been stated that the Company had been

formed by the respondent-accused, i.e. 1 to 7 and the

respondent No.2 to 4 in the petition and that the keys

were with both the parties. It is stated that except

respondent-accused No.1, no other respondent-

accused was concerned with the formation of the

Company. The respondent accused No.1 had vacated

office as Director on 25.03.2006. It is further stated that

none of the respondent-accused was ever associated

with the business of the company nor the keys were

with them.”

It is accordingly pleaded that this court should hold an

enquiry under Section 340 Cr.P.C. and if satisfied may make a
Criminal Misc.-M No.3516 of 2008 :6 :

complaint in writing or send it to a Magistrate of first Class having

jurisdiction. As per the pleadings, the false averments in the petition

have been made in a document prepared outside the Court though

committed in relations to the proceedings before this court. This

averment is made in respect of a document produced and given in

evidence in the proceedings in this court. No offence appears to have

been committed in respect of documents already produced in this

court.

In this view of the matter, the petitioners would be at

liberty to file an appropriate complaint before the Magistrate having a

competent jurisdiction in this regard, which shall deal with the same

in accordance with law.

The present petition is accordingly disposed of.

November 20, 2008                             ( RANJIT SINGH )
ramesh                                             JUDGE