Format to cancell Bail or Anticipattory Bail

  

     IN  THE   HIGH  COURT  OF   DELHI  AT NEW DELHI

 

            Criminal Misc.(Main)       of 2002

 

In the matter of:

 

 

 

Neeru Holdings Pvt. Ltd.                  

12, Deshbandhu Apartments,

Kalkaji, New Delhi                   

(through its authorised

representative Sh. Philipose Oommen)       …Petitioner

 

 

 

     Vs.

 

 

 

1.Devinder Kumar Aggarwal

s/o late Sh. M.K.Gupta Aggarwal,

R/o ………...

 

2.State (NCT of Delhi)                …Respondents

 

                                  FIR No. 670/97

                                  U/s 420/468/471 I.P.C.

                                  P.S. Kalkaji

 

 

PETITION UNDER SECTION 439(2) CR.P.C. SEEKING THE CANCELLATION OF BAIL GRANTED TO ABOVE NAMED ACCUSED/RESPONDENT NO. 1 VIDE ORDER DATED 12.9.2001 BY THIS HONBLE’ COURT

 

MOST RESPECTFULLY SHOWETH:

 

1.      The present petition under section 439(2) of the code of Criminal Procedure for cancellation of the bail of the accused/respondent No.1 is being filed by the petitioner/complainant company through its authorised representative Sh. Philipose Oomen, who has been duly authorised by the complainant company in this regard.

2.      That the Respondent no. 1 has been arrayed as an accused for an offence u/s 420/468/471 I.P.C. registered vide FIR No. 159/98 Police Station Kalka Ji, New Delhi on the allegations of having cheated the petitioner/complainant company of a huge amount.

3.      The respondent No. 1 had moved a petition under section 439 of the code of criminal Procedure for grant of bail before this Hon’ble court. The said petition being Crl. Misc. (Main) No. 2091/99 came up for hearing on 15-9-1999 and this Hon’ble court was pleased to grant interim bail to the respondent No. 1  for a period of two months to enable him to make arrangements and pay the entire amount to the complainant company.

A copy of the said order dated 15-9-1999 is annexed herewith and is marked as ANNEXURE-A.

4.      That the aforesaid petition was, thereafter, adjourned to 17-11-1999 for final disposal. On 17-11-1999 this Hon’ble court was further pleased to extend the interim bail granted to the respondent No. 1 for a further period of six months since the respondent No.1 and the petitioner/complainant company had reached a settlement to the effect that the accused/respondent No.1 (petitioner in the said petition Crl. Misc. (Main) No. 2190/99) had agreed to pay a total sum of Rs. 16.50 Lacs to the petitioner/complainant company. Out of the said amount, a sum of Rs. 1,50,000/- had already been paid to the petitioner/complainant company and it was undertaken by the accused respondent No.1 that the remaining Rs. 15 lacs will be paid to the complainant company within a period of two years from the said date. In the said circumstances, vide the order dated 17-11-1999, the interim bail granted to the respondent No. 1 was extended for a period of six months and the matter was adjourned to 10-5-2000.

A copy of the order dated 17-11-1999 is annexed herewith and is marked as ANNEXURE-B.

5.      That thereafter, there was a non-compliance of the order by the accused/ respondent No.1 and upon prayer of the accused this Hon’ble court pleased to modify the terms of the earlier order dated 17-11-1999 and permitted the accused to pay the remaining amount as per the modified terms. The matter was thereafter adjourned to 2-8-2000 and the interim bail was extended till the next fixed date.

A copy of the order dated 10-5-2000 is annexed herewith and is marked as ANNEXURE-C.

6.      That even thereafter, the accused/respondent No. 1 committed several defaults and there was non-compliance of the orders passed earlier in respect of making the payment to the complainant company and various orders were passed to the effect of permitting the petitioner to pay the balance amount as per revised schedule.

The copies said orders dated

 

7.      That the accused/respondent No. 1 gave to the petitioner company a Banker’s cheque bearing No. 426971 dated 5-8-2000 issued by Vikas Co-operative Bank Ltd., Ahmedabad for Rs. 3.0 lacs. The petitioner/ complainant company presented the said Banker’s cheque for realization through its Bank, namely, Punjab National Bank. However, the said Banker’s cheque was not encashed and even the said Banker’s cheque was not even returned by the issuing Bank. Upon enquiry, it came to be known that the said issuing Bank had closed down prior to the alleged issuance of the said Banker’s cheque.

8.      That on 12-9-2001, the matter of grant of bail to the respondent No. 1 came up for hearing before this Hon’ble court and the above noted facts relating to the dishonour of the said Banker’s cheque were brought to the notice of this Hon’ble court. This Hon’ble court was pleased to direct further investigation in this regard. A copy of the said order dated 12-9-2001 is annexed herewith and is marked as ANNEXURE-D.

9.      That during the hearing of the matter on 12-9-2001, it was stated on behalf of the accused/respondent No.1 that the respondent had already paid a sum of Rs. 12.75 lacs to the petitioner/complainant company and that the remaining sum of Rs. 3.75 lacs was being paid by way of a post-dated cheque dated 21-11-2001 drawn on Bharat Overseas Bank Ltd., Delhi. The petitioner who was present in person in the court also assured and undertook that the said post-dated cheque would be honoured on the due date. These facts have been duly recorded in the aforesaid order dated 12-9-2001, while granting bail to the accused/respondent No.1.

10.    That the said post-dated cheque dated 21-11-2001 was presented for encashment and has been dishonoured by the drawee Bank vide Memo dated 22-11-2001 for the reasons of insufficiency of funds in the account.

11.    That the accused/respondent No.1 made the above stated false assurance and undertaking to the effect that the said post-dated cheque would be honoured and thus persuaded this Hon’ble court to grant bail to the accused/ respondent No.1. The respondent No.1 also false and dishonestly denied the factum of the dishonour of the above referred Banker’s cheque for Rs. 3.0 lacs while making submissions before this Hon’ble court knowing it fully well that the said Banker’s cheque had been a forged cheque and the alleged issuing bank had closed down much before the said issuance of the banker’s cheque.

12.    The above stated facts clearly make out a case, wherein the accused obtained bail by misleading this Hon’ble by playing blatant fraud with utmost dishonest intentions.

13.    It is submitted that the accused/respondent No.1 was granted interim bail vide orders dated 15-9-1999 and 17-11-1999 subject to the specific condition that he would make the payment of the afore mentioned sum of money to the petitioner company. Even the final order of bail dated 12-9-2001 had been passed on the said same premise of assurance and undertaking by the accused/respondent No. 1 that the entire balance amount in terms of the earlier orders for interim bail would be made to the petitioner company.

14.    That the accused/ respondent No.1 has violated and breached the conditions of bail and thus disentitling himself for the concession of bail. The conduct of the accused/respondent No. 1 in not only committing serious criminal offence of cheating and fraud as against the petitioner/ complainant company of such huge amount of money and also playing deliberate fraud upon this Hon’ble court is such which cannot be condoned. The accused /respondent No.1 has shown scantiest of regards for the Hon’ble courts and the process of law.

15.    That it shall be otherwise expedient and in the interest of justice in view of the peculiar facts and circumstances of the case that the bail granted to the accused /respondent No.1 be cancelled.

16.    That the continuance of the Respondent No. 1 on bail would lead to grave injustice and would hamper the course of law.

17.    That no similar petition has been filed by the Petitioner before this Hon’ble Court or before the Hon’ble Supreme Court of India.

 

In view of the above, it is most respectfully prayed that this Hon’ble court may be pleased to cancel the bail granted to the accused/respondent No. 1 vide  order dated 12-9-2001 passed by this Hon’ble Court in the Crl. Misc. (Main) NO. 2091/1999 and the accuse /Respondent No.1  be committed to custody pending the decision of the case.

 

                             Petitioner

 

 

 

 

     NEW DELHI                THROUGH

    

BHUPENDERSHARMA ASSOCIATES

ADVOCATES

CHAMBER NO. 126-127

                                   PATIALA HOUSE COURTS

                                   NEW DELHI 110001

 

 

 

 

     IN  THE   HIGH  COURT  OF   DELHI  AT NEW DELHI

 

            Criminal Misc.(Main)       of 2002

 

                   MEMO OF PARTIES

 

In the matter of:

 

 

Neeru Holdings Pvt. Ltd.                  

12, Deshbandhu Apartments,

Kalkaji, New Delhi                   

(through its authorised

representative Sh. Philipose Oommen)       …Petitioner

 

 

 

     Vs.

 

 

 

1.   Devinder Kumar Aggarwal

s/o late Sh. M.K.Gupta Aggarwal,

R/o 6,Awas Colony,

Buland shahar,U.P.

 

2.   State (NCT of Delhi)                 

(Through Standing Counsel(Criminal)

Delhi High Court,

New Delhi                             …Respondents

         

 

 

 

     NEW DELHI                THROUGH

     5-2-2002

 

GULATI & ASSOCIATES

ADVOCATES

CHAMBER NO. 126-127

                                   PATIALA HOUSE COURTS

                                   NEW DELHI 110001

 

 

 

 

     IN  THE   HIGH  COURT  OF   DELHI  AT NEW DELHI

 

            Criminal Misc.(Main)       of 2002

 

In the matter of:

 

Neeru Holdings Pvt. Ltd.                   …Petitioner

 

 

     Vs.

 

Devinder Kumar Aggarwal and another   …Respondents

 

 

To

 

     The Registrar,

     Delhi High Court,

     New Delhi.

 

Sir,

 

Kindly treat the accompanying petition as an urgent one. The grounds of urgency are:-

 

Cancellation of Bail of the Accused/Respondent No.1 has been prayed for.

 

 

                               Yours faithfully,

 

 

 

 

 

     NEW DELHI                THROUGH

     5-2-2002

 

GULATI & ASSOCIATES

ADVOCATES

CHAMBER NO. 126-127

                                   PATIALA HOUSE COURTS

                                   NEW DELHI 110001

 

     IN  THE   HIGH  COURT  OF   DELHI  AT NEW DELHI

 

            Criminal Misc.(Main)       of 2002

 

In the matter of:

 

 

Neeru Holdings Pvt. Ltd.                   …Petitioner

 

 

     Vs.

 

Devinder Kumar Aggarwal and another   …Respondents

 

                 I N D E X

 

SER NO.     PARTICULARS        PAGES     COURT FEE

 

1.   Urgency Application          A

 

2.   Memo of Parties              B

 

3.   Petition u/s 439(2) Cr.P.C.

seeking cancellation of bail

granted to accused/Respondent

No.1 along with affidavit

in support

 

4.   Annexure A – Copy of order

     dated 15.9.1999 passed by the

     Hon’ble High court of Delhi

 

5.   Annexure B– Copy of order

     dated 17.11.1999 passed by the

     Hon’ble High court of Delhi

 

6.   Annexure C– Copy of order

     dated 10.5.2000 passed by the

     Hon’ble High court of Delhi

 

7.   Annexure D– Copy of order

     dated 12.9.2001 passed by the

     Hon’ble High court of Delhi

 

8.   Application u/s 482 Cr.P.C.

     For exemption from filing certified

Copies of annexures along with

Affidavit in support.

 

9.   Vakalatnama

 

     NEW DELHI                THROUGH

     5-2-2002

 

GULATI & ASSOCIATES

ADVOCATES

CHAMBER NO. 126-127

                                   PATIALA HOUSE COURTS

                                   NEW DELHI 110001

 

 

     IN  THE   HIGH  COURT  OF   DELHI  AT NEW DELHI

 

              Criminal Misc.          of 2002

                        IN

            Criminal Misc. Main)       of 2002

 

In the matter of:

 

Neeru Holdings Pvt. Ltd.                   …Petitioner

 

 

     Vs.

 

Devinder Kumar Aggarwal and another   …Respondents

 

 

APPLICATION UNDER SECTION 482 CR.P.C.FOR EXEMPTION FROM FILING CERTIFIEDCOPIES OF ANNEXURES.

 

Most Respectfully Showeth:

 

1.      That the Petitioner has filed the accompanying application u/s 4392) Cr.P.C.  seeking the cancellation of bail granted to the accused/Respondent No.1 above named  vide order dated 12-9-2001 passed by this Hon’ble Court. The contents of the same may be read as part of this application as the same are not being repeated herein for the sake of brevity.

 

2.      That along with the application the Petitioner is filing uncertified copies of annexures. Due to paucity of time, the Petitioner has not been able to obtain certified copies of the same. The Petitioner shall apply for obtaining certified copies of the annexures and undertake to file the same in court as and when the same are made available.

 

It is, therefore, most respectfully prayed that this Hon’ble Court may be pleased to:-

 

A.      Exempt the Petitioner from filing certified copies of annexures.

 

B.      Pass such other order or orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.

 

 

 

Petitioner

 

 

 

     NEW DELHI                THROUGH

     5-2-2002

 

GULATI & ASSOCIATES

ADVOCATES

CHAMBER NO. 126-127

                                   PATIALA HOUSE COURTS

                                   NEW DELHI 110001

 

IN  THE   HIGH  COURT  OF   DELHI  AT NEW DELHI

           Criminal Misc.(Main)        of 2002

 

In the matter of:

 

Neeru Holdings Pvt. Ltd.                   …Petitioner

 

 

     Vs.

 

Devinder Kumar Aggarwal and another   …Respondents

 

AFFIDAVIT

 

Affidavit of Mr. Philipose Oomen, authorised representative of M/s Neeru Holding Pvt. Ltd., 12, Deshbandhu Apartments, Kalkaji, New Delhi-110019                  

     I, the above named deponent do hereby solemnly affirm

and state as under:-

    

1.   That I am the authorised representative of the petitioner/complainant company in the above matter and in that capacity competent to swear the instant affidavit.

2.   That I am conversant with the facts and circumstances of the case.

3.   That I have gone through the contents of the accompanying petition u/s 439(2) Cr.P.C. the contents

thereof are true and correct to my knowledge.

4.   That the annexures are true copies of the originals.

                            

 

                                      Deponent

Verification

     Verified at New Delhi on this ____ day of February, 2002, that the contents of the foregoing affidavit are true and correct to my knowledge, no part thereof is false and nothing material has been concealed therefrom.

 

 

                                  Deponent                    

IN  THE   HIGH  COURT  OF   DELHI  AT NEW DELHI

Criminal Misc.No.       of 2002

              in

     Criminal Misc.(Main)    of 2002

In the matter of:

 

Neeru Holdings Pvt. Ltd.                   …Petitioner

 

     Vs.

 

Devinder Kumar Aggarwal and another   …Respondents

 

 

AFFIDAVIT

Affidavit of Mr. Philipose Oomen, authorised representative of M/s Neeru Holding Pvt. Ltd., 12, Deshbandhu Apartments, Kalkaji, New Delhi-110019                  

     I, the above named deponent do hereby solemnly affirm

and state as under:-

    

1.   That I am the authorised representative of the petitioner/complainant company in the above matter and in that capacity competent to swear the instant affidavit.

2.   That I am conversant with the facts and circumstances of the case.

3.   That I have gone through the contents of the accompanying petition u/s 482 Cr.P.C. for exemption from filing the certified copies of the annexures the contents thereof are true and correct to my knowledge as derived from the records of the case.

                                     

 

                                      Deponent

Verification

     Verified at New Delhi on this ____ day of Febuary,2002 that the contents of the foregoing affidavit are true and correct to my knowledge, no part thereof is false and nothing material has been concealed therefrom.

 

                                  Deponent                

dear sir,
Very nice of you for your prompt reply and i hope i could utilize the same. Only little change of circumstances that the accuesd who got Regular Bail untill the investigation official filing challan he shall be out but kept in 2 Corner. But being out on bail he filed three cases against the petitioner and cauded to disappear the original documents from the Court case files, therefore we would like to cancell his bail. Any how thanks a lot for giving us the format. Since the Advocate whom we engaed is not doing well we feel like change our counsel. That is why this query is posted.

I am highly indebted to lawyerscluindia a lot...as have learnt many things which were unacquainted an all alien to me.