IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. WRIT PETITION No._____ OF 20**.

IN THE MATTER OF :-

XXXXX                                                        : PETITIONER

VERSUS

XXXXX                                                        : RESPONDENTS

Complaint No.XXXXX

                    Notice U/s.: XX Cr.P.C.

P.S.: XXXXX

INDEX

          PETITIONER

Through

Place: New Delhi

Dated:

XXXXXX

ADVOCATES AND LEGAL CONSULTANTS

XXXXXX

XXXXXX

PHONE: +91 XXXXXX

EMAIL: XXXXXXX

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. WRIT PETITION No._____ OF 20**.

IN THE MATTER OF :-

XXXXX                                                        : PETITIONER

VERSUS

XXXXX                                                        : RESPONDENTS

URGENT APPLICATION

To

          The Hon’ble Joint Registrar,

          Hon’ble High Court of Delhi.

          New Delhi.

Sir,

          Will you kindly treat the accompanying writ petition / application as urgent one in accordance with the provision of as per the Delhi High Court rules and regulations and orders.

The grounds of urgency are as set out in the accompanying petition / application. Kindly treat the accompanying petition for quashing of Notice dated 13.07.2023 U/s 91 CrPC in Complaint No. XXXXX dated 13.07.2023 issued by the Respondent no.1 to Respondent no.3 Bank for freezing the bank account of the petitioner. Irreparable loss and damage would be caused in case the Petition is not listed urgently as the bank account of the Petitioner Firm has illegally freezed by way of Impugned Notice.

          PETITIONER

Through

Place: New Delhi

Dated:

XXXXX

ADVOCATES AND LEGAL CONSULTANTS

XXXXX

XXXXX

PHONE: +91 XXXXX

EMAIL: XXXXXX

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. WRIT PETITION No._____ OF 20**.

IN THE MATTER OF :-

XXXXX                                                        : PETITIONER

VERSUS

XXXXX                                                        : RESPONDENTS

Complaint No. XXXXX

                              U/s.: XX Cr.P.C.

P.S.: XXXXX

MEMO OF PARTIES

XXXXXXXX                                                 : PETITIONER

VERSUS

1. XXXXX

2. XXXXX

Having its office at:

House No. XXXXX               

3. XXXXX

XXXXX

Through Branch Manager                            : RESPONDENTS

-------------------------------------------------------------------------------

PETITIONER

Place: New Delhi             Through

Dated:

XXXXX

ADVOCATES AND LEGAL CONSULTANTS

XXXXX

XXXXX

PHONE: +91 XXXXX

EMAIL: XXXXXX

SYNOPSIS

That vide the Petition, the Petitioner impugns, the patently illegal and un-warranted notice dated 13.07.2023issued u/s 91 CrPC ["the Notice”] by the Respondent no.1 and consequential arbitrary and illegal acts inter alia being- freezing of bank account of the Petitioner Firm maintained with the Respondent No.3 Bank.

The Notice manifests brazen and illegal use of power by the Respondents, wherein, in a case of pure contractual dispute [if any], not only criminal machinery has been invoked but has been exploited to the hilt. The Respondent No.1 [without even registration of FIR] not only issued directions to Respondent No.3/Petitioner’s Bank for freezing bank account of the Petitioner Firm vide the Noticebut vide the same Notice also directed the Respondent No.3 to refund back the money advanced by Respondent No.2/ the original Complainant that too without registration of FIR and without issuance of Notice U/s41A CrPC to the Petitioner Firm. The perusal of the Notice would reflect that the office of Respondent No.1 seems to be working under the dictates of Respondent No.2 as the alleged complaint filed by the Respondent No.2 has been treated as ‘gospel truth’ and surprisingly, Respondent No.1 did not even bother to grant an opportunity to the Petitioner Firm to explain its stand/version of events before issuing the said draconian Notice.

NOTICE U/S 91, CrPC ISSUED WITHOUT REGISTRATION OF FIR:

It is a settled law that the Notice issued u/s 91 CrPC can be issued only after registration of FIR i.e. pursuant to commencement of investigation and not prior. Admittedly, the impugned Notice only bears a complaint number and thus it can be deciphered that such draconian directives have been issued at the stage of ‘preliminary investigation’. It is manifest that such arbitrary and illegal directives have been issued by Respondent No.1 at the behest of Respondent No.2 that too, without even registration of FIR and the same is contrary to the settled jurisprudence postulated by various High Courts.

PURE CONTRACTUAL DISPUTE HAS BEEN GIVEN A ‘CRIMINAL FLAVOUR’BY EXPLOITING THE CRIMINAL MACHINERY TO THE HILT:

The Petitioner firm was engaged by Respondent No.2 to install, commission and supply of Steel bridge (MS) with glass flooring at Shabri Jal Pratap near Tikariya Village [“the Project”]. The dispute pertains to the Respondent No.2 illegally seeking refund of the part amount of INR 45 lacs (incl. of GST) paid to the Petitioner Firm by the Respondent No.2 on account of arbitrary expectation in execution of the Project work. Admittedly, the total consideration agreed between the parties was INR 2,06,50,000/- [“the total consideration”], whereby 60% of the total consideration i.e around INR 1.23 crores was to be advanced in favour of the Firm, wherein in reality only INR 45 lacs was released. Thereafter, on demand of the rest of the consideration and after obtaining the requisite project drawings, the Respondent No.2 started exerting illegal demands seeking refund of part paid amount of INR 45 lacs. It is an admitted case that a legal notice detailing the continuous violations of the contractual mandate by the Respondent No.2 has not only been sent to the Respondent No.2 but duly delivered. Instead of preferring a civil action, criminal machinery has been exploited to the hilt.

WITHOUT PREJUDICE, NOTICE U/S 91 OF THE CRPC DOES NOT PRESCRIBE ANY MANDATE FOR ‘FREEZING OF ACCOUNT’ AS HELD VIDE CATENA OF JUDGMENTS BY HIGH COURTS.

A bare perusal of Section-91 CrPC would make it crystal clear that the investigating authorities have not been conferred with any power to direct ‘freezing of account’ that too by exercising powers under Section – 91 ,CrPC. As laid down and held by Hon’ble Madras High Court in the judgment of Sahil Raj Vs The State of Tamil Nadu & Ors; held on 14.09.2022. Thus, a bare perusal of the aforesaid would make it clear that the notice U/s 91 is without any legal mandate, whatsoever.

WITHOUT PREJUDICE, NO NOTICE U/S 41A INVITING STANCE/VERSION OF THE PETITIONER FIRM WAS EVER GIVEN BEFORE ILLEGALLY DIRECTING THE RESPONDENT NO.3 BANK TO REFUND THE AMOUNT OF INR 45 LACS. SUCH DRACONIAN ACTION HAS CAUSED IRREPARABLE LOSS/DAMAGE TO THE PETITIONER FIRM:

Without Prejudice to the fact, a pure civil dispute has been camouflaged as a ‘criminal dispute’, the investigating authority at the minimum was expected to at least issue a notice u/s 41A, CrPC calling upon the Petitioner Firm to convey its stance/version of events qua the complaint, if any filed by the Respondent No.2 against the Petitioner Firm. Such procedure is the basic tenet of every investigation. It is surprising that the basic requirement seeking stance/version of the Petitioner had been bypassed and such draconian order has been passed which not only violates fundamental right to life and liberty but also glaringly violates right to practice profession and to carry on business by the Petitioner Firm. That seeking version of the Petitioner Firm/an accused before passing an order which prejudice his right to life and liberty is a fundamental tenet and a cardinal principle of ‘natural justice’, which cannot be bypassed at the whims and fancies of the investigating authorities.

WITHOUT PREJUDICE, BY WAY OF NOTICE U/S 91 CRPC, THE RESPONDENT NO.1 IN EFFECT HAS TAKEN ROLE OF ADJUDICATING AUTHORITY AND IN A MOST CAVALIER MANNER HAS CONVICTED THE PETITIONER FIRM WITHOUT AFFORDING IT AN OPPORTUNITY TO PRESENT ITS STANCE BY DIRECTING THE RESPONDENT NO.3 BANK TO REFUND BACK THE AMOUNT OF INR 45 LACS TO THE RESPONDENT NO.2.

The Petitioner Firm’s account has been directed to be freezed and the Respondent No.3 Bank has been directed to refund back the amount of INR 45 lacs to the Respondent no.2.Furthermore, in a bizarre directive and brazen mis-use of power, the Petitioner’s bank has been directed to refund back the money by wholly disregarding the facts that the present dispute, if any is a case of pure contractual dispute and in any manner without even asking for the narrative/version of the Petitioner Firm.

Thus the said  bizarre directive is an embodiment of brazen mis-use of power, whereby the Respondent No.3/the Petitioner’s bank has been directed to refund back the money by wholly disregarding the facts that the present dispute, if any is a case of pure contractual dispute and in any manner without even asking for the narrative/version of the Petitioner Firm.

LIST OF DATES & EVENTS:-

Mar/Apr. 2023       :         In/around the month of March/April 2023, the Respondent no.2, through its representatives and architect firm namely M/s Satat Group [“the Architect Firm”] approached the Petitioner seeking proposal for supply and installation of steel bridge (MS) with glass flooring at Shabari Jal Pratap, Near Tikariya Village, Chitrakoot, Madhya Pradesh [hereinafter referred to as “the Project”]. The Respondent no.2and their representatives acknowledged that the Petitioner has sufficient manpower and resources to complete the Project. The Respondent no.2 had represented that they have successfully received a tender for the Projectat Shabari Jal Pratap, Near Tikariya Village, XXXX, XXXXX [hereinafter referred to as “designated place”] and the proposed delegation for the construction and installation of the Project is in furtherance of the same.

12.04.2023            :         In lieu of the aforesaid, the Petitioner raised sent a Contract offer dated 12.04.2023 [hereinafter referred to as “the Contract offer”] upon, the Architect Firm as well as the Respondent no.2, defining the scope of work and containing certain terms and conditions.

:         The Respondent no.2, in furtherance of the Proposal readily accepted the same and conveyed the Petitioner to immediately commence the Project Work/assignment at the designated place. In lieu of confirmation of the Contract Offer, the Respondent no.2, released part payment of INR 45 lakhs in tranches to the Petitioner instead of agreed 60% of the total contract value i.e. around INR XXXXX /- [INR in words Only]. That in order to foster long term professional relationships, the Petitioner successfully commenced the initiation of the Project Work, which stands admitted even on their part.

April, 2023            :         That thereafter in April, 23 in furtherance of the Contract, the materials were supplied at the Project site along with the commissioning of the work

May, 2023             :         That thereafter on/around May, 2023, the Proprietary architectural drawings qua the Project were shared with the Respondent No.2 under the bonafide belief and trust. However, immediately on the receipt of the said drawings, the Respondent No.2 not only halted the execution of the work but arbitrarily denied to release the balance payment. That, when the Petitioner Firm demanded the legible dues, the Respondent No.2 started threatening the Petitioner Firm’s partners with dire consequences.

21.07.2023            :         That a legal notice dated 21.07.2023 [“the Notice”] had been sent by the Petitioner Firm to the Respondent No.2 as well as the Architectural Firm detailing the illegalities and arbitrariness at the behest of the Respondent No.2 and also unequivocal demand of release of the rest of the payments were categorically made.

29.07.2023            :         That on Saturday i.e 29.07.2023, the Petitioner Firm for the very first time got aware about the freezing of their bank account maintained with the Respondent No.3 Bank as more than 28 lacs was reflecting to be debited and the account was further showing negative debit balance of INR 17 lacs. This not only created a financial crunch but also crippled the business working of the Firm as the authorized account of the Firm had been impinged owing the arbitrary and illegal Notice.

29.07.2023            :         That immediately, reasons were sought from the bank for such an unfortunate action. However, the bank only replied after more than 4 days i.e on/around 03.08.2023, whereby the Respondent No.3 shared the copy of the Notice vide mail.

03.08.2023            :         The Respondent No.3 bank replied after more than 4 days i.e on/around 03.08.2023, whereby the Respondent No.3 shared the copy of the Impugned Notice issued by the Respondent No.1 vide mail. Admittedly, no notice of filing of any complaint or for furnishing any details/their narrative by the Petitioner Firm ever sought by the Respondent No.1. Thus, the Petitioner Firm as on date is not even aware about the complaint filed against it and logically is not even in possession of the compliant filed by the Respondent No.2.

August, 23             :         Hence, the present Petition.

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. WRIT PETITION No._____ OF 2023.

IN THE MATTER OF :-

XXXXX

Through its AR / Partner

Havingits office at XXXXX                          : PETITIONER

VERSUS

1. XXXXX

Through Superintendent of Police,

XXXXX

2. XXXXX

Having its office at:

House No. XXXXX             

3. XXXXX

Branch at XXXXX

Through Branch Manager                          : RESPONDENTS

Complaint No.XXXXX

                              U/s.: XX Cr.P.C.

P.S.: XXXXX

CRIMINAL WRIT PEITION FILED BY THE PETITIONER UNDER ARTICLES 226 / 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CODE OF CRIMINAL PROCEDURE FOR QUASHING OF THE NOTICE DATED 13.07.2023 UNDER SECTION 91 CR.P.C. IN COMPLAINT NO.274/2023 5A DATED 13.07.2023 ISSUED BY THE RESPONDENT NO.1 TO RESPONDENT NO.2 BANK FOR FREEZING THE BANK ACCOUNT OF THE PETITIONER ON THE COMPLAINT OF RESPONDENT NO.3.

MOST RESPECTFULLY SHOWETH :-

1.       That the Petitioner is a Partnership Firm and the Firm is a leading name in the construction industry and since its inception, it has become one of the most respectable service providers with the highest quality and cutting-edge engineering and technology capabilities. That the Petitioner Firm enjoys high repute in its field of business and caters to clientage at the pan India level and filing the present petition through its AR / Partner Mr. ___________. That the Petitioner has sought to invoke the Extraordinary jurisdiction of this Hon’ble Court under Article 226/227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure for quashing of Notice dated 13.07.2023 U/s 91 CrPC in Complaint No.274/2023 5A dated 13.07.2023 [“the Impugned Notice”] issued by the Respondent No.1 to Respondent No.3 Bank for freezing the bank account of the petitioner which is patently illegal.

2.       That the Respondent No.1 is the Superintendent of Police, XXXXX, India [“the Respondent No.1”].In a brazen misuse of power and contrary to the principles of natural justice, the Impugned Notice has been issued by the Respondent No.1 to the Respondent No.3 Bank, which not only resulted into violation of legal rights of the Petitioner Firm but as enumerated herein is also contrary to the fundamental rights of the Petitioner Firm under Article-19 but is also violative of Article-21 of the Constitution of India.

3.       That XXXXX Sut Construction [“the Respondent No.2”] is the Complainant/Respondent No.2 in the present case. In a pure contractual dispute, the Respondent No.2 has not only filed a false criminal complaint against the Petitioner Firm and its partners but has also misused the criminal machinery to the hilt in order to settle the scores with the Petitioner Firm.

4.       That the Respondent No.3 is XXXX Bank located at XXXX, New Delhi through its bank manager is the Bank, wherein the Petitioner Firm maintains its account bearing no._______["the Bank Account”]. Without even rendering an intimation, the Respondent No.3 not only froze the account but also has purportedly refunded the amount to Respondent No.2 in a most bizarre and arbitrary manner.

5.       The material cause of action basis which the grievance has been raised vide the Petition pertains to arbitrary and illegal freezing of account by Respondent No.3. The Bank Account is maintained within the territorial jurisdiction of this Hon’ble Court and thus the material cause of action has arisen within the jurisdiction of this Hon’ble Court and this Hon’ble Court has the territorial jurisdiction to entertain the present petition. 

6.       That the petitioner is aggrieved by the Notice dated 13.07.2023 U/s 91 CrPC in Complaint No. XXXXX dated 13.07.2023 issued by the Respondent no.1 to the Respondent no.3 Bank for freezing the bank account of the petitioner on the said complaint of the Respondent no.2. By this petition, the petitioner is inter alia, seeking the quashing of the said impugned Notice and proceedings emanating therefrom.

Copy of Notice Under Section 91 CrPC dated 13.07.2023 is annexed to this petition as Annexure P-1.

7.       That the present petition has been filed by the Petitioner and the brief facts of the case, necessary for the disposal of the present petition are summoned up as under:-

7.1 In/around the month of March/April 2023, the Respondent no.2, through its representatives and architect firm namely M/s Satat Group [hereinafter referred to as “the Architect Firm”] approached the Petitioner seeking proposal for supply and installation of steel bridge (MS) with glass flooring at Shabari Jal Pratap, XXXXX, XXXXX [hereinafter referred to as “the Project”]. The Respondent No.2and their representatives acknowledged that the Petitioner has sufficient manpower and resources to complete the Project. The Respondent no.2 had represented that they have successfully received a tender for the Project at Shabari Jal Pratap, XXXXX, XXXXX [hereinafter referred to as “designated place”] and the proposed delegation for the construction and installation of the Project is in furtherance of the same.

7.2 In lieu of the aforesaid, the Petitioner raised a Contract offer dated 12.04.2023 [hereinafter referred to as “the Contract offer”]upon, the Architect Firm as well as the Respondent no.2, defining the scope of work and containing certain terms and conditions. The Respondent no.2, in furtherance of the Proposal readily accepted the same and conveyed the Petitioner to immediately commence the Project Work/assignment at the designated place. In lieu of confirmation of the Contract Offer, the Respondent no.2, released part payment of INR 45 lakhs in tranches to the Petitioner instead of agreed 60% of the total contract value i.e. around XXXXX/- [INR in words Only]. That in order to foster long term professional relationships, the Petitioner successfully commenced the initiation of the Project Work, which stands admitted even on their part.

The Contract Offer dated 12.04.2023 is attached herein as Annexure P-2.

The screenshots evidencing the sharing of contract and execution of the Project in terms of the Contract are attached herein as Annexure P-3 [Colly].

7.3 That thereafter in April, 23 in furtherance of the Contract, the materials were supplied at the Project site along with the commissioning of the work.

The copy of the GST invoice evidencing supply of materials is attached herein as Annexure P-4 [Colly.].

7.4 That thereafter on/around May, 2023, the Proprietary architectural drawings qua the Project were shared with the Respondent No.2 under the bonafide belief and trust. However, immediately on the receipt of the said drawings, the Respondent No.2 not only halted the execution of the work but arbitrarily denied to release the balance payment. That, when the Petitioner Firm demanded the legible dues, the Respondent No.2 started threatening the Petitioner Firm’s partners with dire consequences. The Respondent no.2, instead of complying with their contractual obligations are rather threatening the Petitioner of dire consequences and pressurizing the Petitioner to give in to their nefarious tactical plan and give up on the consideration being duly payable to the Petitioner, as at this juncture the Petitioner has already invested a huge amount for the completion of the Project basis their positive assurances, however, little did the Petitioner know about nefarious tactical plan of the Respondent no.2.

The copy of the drawings, with screenshots evidencing sharing of the same with the Respondent No.2 are attached herein as Annexure P-5 [Colly].

7.5 That a legal notice dated 21.07.2023 [“the Notice”] had been sent by the Petitioner Firm to the Respondent No.2 as well as the Architectural Firm detailing the illegalities and arbitrariness at the behest of the Respondent No.2 and also unequivocal demand of release of the rest of the payments were categorically made.

The Copy of the Legal Notice dated 21.07.2023 along with the speed post receipts and tracking report are attached herein as Annexure P-6 [Colly.].

7.6That on Saturday i.e 29.07.2023, the Petitioner Firm for the very first time got aware about the freezing of their bank account maintained with the Respondent No.3 Bank as more than 28 lacs was reflecting to be debited and the account was further showing negative debit balance of INR 17 lacs. This not only created a financial crunch but also crippled the business working of the Firm as the authorized account of the Firm had been impinged owing the arbitrary and illegal Notice.

The copy of the mail dated 29.07.2023 sent by the Partner of the Petitioner Firm is attached herein as Annexure P-7.

7.7 That immediately, reasons were sought from the bank for such an unfortunate action. However, the bank only replied after more than 4 days i.e on/around 03.08.2023, whereby the Respondent No.3 shared the copy of the Notice vide mail.

7.8 The Respondent No.3 bank replied after more than 4 days i.e on/around 03.08.2023, whereby the Respondent No.3 shared the copy of the Impugned Notice issued by the Respondent No.1 vide mail. Admittedly, no notice of filing of any complaint or for furnishing any details/their narrative by the Petitioner Firm ever sought by the Respondent No.1. Thus, the Petitioner Firm as on date is not even aware about the Complaint filed against it and logically is not even in possession of the Compliant filed by the Respondent No.2.

The copy of the mail dated 03.08.2023 alongwith the Impugned Notice is attached herein as Annexure-P-8 [Colly.].

8.       Aggrieved from the Notice issued by the Respondent No.1, Petitioner is moving this petition seeking quashing of the notice on the following amongst other grounds: -

- : G R O U N D S : -

NOTICE UNDER SECTION 91, CrPC ISSUED WITHOUT REGISTRATION OF FIR:

A.      Because the Notice manifests brazen and illegal use of power by the Respondents, wherein, in a case of pure contractual dispute [if any], not only criminal machinery has been invoked but has been exploited to the hilt. The Respondent No.1 without even registration of FIR not only issued directions to Respondent No.3/Petitioner’s Bank for freezing bank account of the Petitioner Firm vide the Notice but vide the same Notice also directed the Respondent No.3 to refund back the money advanced by Respondent No.2/ the original Complainant that too without registration of FIR and without issuance of Notice Under Section 41A CrPC to the Petitioner Firm. The perusal of the Notice would reflect that the office of Respondent No.1 seems to be working under the dictates of Respondent No.2 as the alleged complaint filed by the Respondent No.2 has been treated as ‘gospel truth’ and surprisingly, Respondent No.1 did not even bother to grant an opportunity to the Petitioner Firm to explain its stand/version of events before issuing the said draconian Notice.

B.       It is a settled law that the Notice issued u/s 91 can be issued only after registration of FIR i.e pursuant to commencement of investigation and not prior. Admittedly, the impugned notice only bears a complaint number and thus it can be deciphered that such draconian directives have been issued at the stage of ‘preliminary investigation’. It is manifest that such arbitrary and illegal directives have been issued by Respondent No.1 at the behest of Respondent No.2 that too, without even registration of FIR.

PURE CONTRACTUAL DISPUTE HAS BEEN GIVEN A ‘CRIMINAL FLAVOUR’BY EXPLOITING THE CRIMINAL MACHINERY TO THE HILT:

C.       The Petitioner firm was engaged by Respondent No.2 to install, commission and supply of Steel bridge (MS) with glass flooring at XXXXX, XXXXX [“the Project”].The dispute pertains to the Respondent No.2 illegally seeking refund of the part amount of INR XX lacs (incl. of GST) paid to the Petitioner Firm by the Respondent No.2 on account of arbitrary expectation in execution of the Project work. Admittedly, the total consideration agreed between the parties was INR XXXXX/- [“the total consideration”], whereby 60% of the total consideration i.e around 1.23 crores was to be advanced in favour of the Firm, wherein in reality only INR XX lacs was released. Thereafter, on demand of the rest of the consideration and after obtaining the requisite project drawings, the Respondent No.2 started exerting illegal demands seeking refund of part paid amount of INR 45 lacs. It is an admitted case that a legal notice detailing the continuous violations of the contractual mandate by the Respondent No.2 has not only been sent to the Respondent No.2 but duly delivered. Instead of preferring a civil action, criminal machinery has been exploited to the hilt.

WITHOUT PREJUDICE, NOTICE U/S 91 OF THE CRPC DOES NOT PRESCRIBE ANY MANDATE FOR ‘FREEZING OF ACCOUNT’ AS HELD VIDE CATENA OF JUDGMENTS BY HIGH COURTS.

D.      A bare perusal of Section-91 CrPC would make it crystal clear that the investigating authorities have not been conferred with any power to direct ‘freezing of account’ that too by exercising powers under Section-91,CrPC. As laid down and held by Hon’ble Madras High Court in the judgment of Sahil Raj vs The State of Tamil Nadu & Ors; held on 14.09.2022.Thus, a bare perusal of the aforesaid would make it clear that the notice u/s 91 CrPC is without any legal mandate, whatsoever.

WITHOUT PREJUDICE, NO NOTICE U/S 41A CRPC INVITING STANCE/VERSION OF THE PETITIONER FIRM WAS EVER GIVEN BEFORE ILLEGALLY DIRECTING THE RESPONDENT NO.3 BANK TO REFUND THE AMOUNT OF INR 45 LACS.  SUCH DRACONIAN ACTION HAS CAUSED IRREPARABLE LOSS/DAMAGE TO THE PETITIONER FIRM:

E.       Without Prejudice to the fact, a pure civil dispute has been camouflaged as a ‘criminal dispute’, the investigating authority at the minimum was expected to at least issue a notice u/s 41A, CrPC calling upon the Petitioner Firm to convey its stance/version of events qua the complaint, if any filed by the Respondent No.2 against the Petitioner Firm. Such procedure is the basic tenet of every investigation. It is surprising that the basic requirement seeking stance/version of Respondent No.2 had been bypassed and such draconian order has been passed which not only violates fundamental right to life and liberty but also glaringly violates right to practice profession and to carry on business by the Petitioner Firm. That seeking version of the Petitioner Firm/an accused before passing an order which prejudice his right to life and liberty is a fundamental tenet and a cardinal principle of ‘natural justice’, which cannot be bypassed at the whims and fancies of the investigating authorities.

WITHOUT PREJUDICE, BY WAY OF NOTICE U/S 91 CRPC, THE RESPONDENT NO.1 IN EFFECT HAS TAKEN ROLE OF ADJUDICATING AUTHORITY AND IN A MOST CAVALIER MANNER HAS CONVICTED THE PETITIONER FIRM WITHOUT AFFORDING IT AN OPPORTUNITY TO PRESENT ITS STANCE BY DIRECTING THE RESPONDENT NO.3 BANK TO REFUND BACK THE AMOUNT OF INR 45 LACS TO THE RESPONDENT NO.2:

F.       The Petitioner Firm’s account has been directed to be freeze and the Respondent No.3 Bank has been directed to refund back the amount of INR 45 lacs to the Respondent No.2.Furthermore, in a bizarre directive and brazen mis-use of power, the Petitioner’s bank has been directed to refund back the money by wholly disregarding the facts that the present dispute, if any is a case of pure contractual dispute and in any manner without even asking for the narrative/version of the Petitioner Firm.

G.      Because Respondent No.1 has no jurisdiction under Section 91 CrPC to freeze the petitioner’s account.

H.      Because the Respondent No.1 never served any prior information / notice to the Petitioner for any clarification or enquiry about the complaint or freezing his bank account.

9.       That the proceeding under Section 91 CrPC is manifestly intended with malafide and the same has been instituted with an ulterior motive for wreaking vengeance upon them and with a view to spite them due to private and personal grudge.   

10.     That the Petitioner craves the leave of this Hon’ble Court to raise such other or further ground that may be available to them at the time of hearing of the present petition.

11.     That the Petitioner craves leave to alter or amend the petition with the permission of this Hon’ble Court and by way of the present petition the Petitioner humbly seeks the indulgence of this Hon’ble Court to pass appropriate orders for quashing the Impugned Notice .

12.     That Petitioner has not filed any similar petition in the above noted matter either before this Hon’ble Court or before Hon’ble High Court of Delhi or Hon’ble Supreme Court of India.

P R A Y E R

          In the facts and circumstances of the case, it is respectfully prayed that this Hon’ble Court may be pleased to :-

A.      Issue a writ of direction and certiorari to quash of Notice dated 13.07.2023 under Section 91 CrPC in Complaint No.XXXX 5A dated 13.07.2023 issued by the Respondent no.1 to Respondent No.3 Bank, and all other proceedings emanating thereunder;

B.       Issue a writ of direction to the respondent No.3 bank to defreeze the account of the Petitioner and restore the status quo ante of the balance in the Petitioner as existing prior to the impugned action.

C.       Such other or further orders as this Hon’ble Court may be deem fit and proper in the facts and circumstances of the case be also passed to meet the ends of justice.

It is prayed accordingly.

          PETITIONER

Through

Place: New Delhi

Dated:

XXXXX

ADVOCATES AND LEGAL CONSULTANTS

XXXXX

XXXXX

PHONE: +91 XXXXX

EMAIL: XXXXXXX

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. WRIT PETITION No._____ OF 20**.

IN THE MATTER OF :-

XXXXX                                                        : PETITIONER

VERSUS

XXXXX                                                        : RESPONDENTS

AFFIDAVIT

Affidavit of Sh. …………. AR / Partner of M/s. XXXXX, aged about ___ years, having its office at XXXXX, do hereby solemnly affirm and declare as under :-

1.       That I, the Deponent, am the AR / Partner of the Petitioner firm in the above mentioned application and am therefore, competent to swear this affidavit.

2.       That the accompanying Criminal Writ Petition Under Article 226/227 of the Constitution of India R/w Section 482 CrPC for issuance of necessary writ or direction in the nature of certiorari, mandamus or any other nature has been drafted by my counsel under my instructions, the factual contents of the same are true and correct as per my knowledge and the information available with me, while the legal submissions made therein are based on legal advice received and believed to be true.

3.       The annexures annexed to the accompanying writ petition are true to their respective originals.

DEPONENT

VERIFICATION :-

          Verified at Delhi on this _____, day of August, 2023 that the contents of this affidavit are true and correct to the best of my knowledge and nothing material has been concealed therefrom.

DEPONENT

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. M.C. NO. _____ OF 2023.

IN

CRL. WRIT PETITION No._____ OF 2023.

IN THE MATTER OF :-

XXXXX                                                        : PETITIONER

VERSUS

XXXXX                                                        : RESPONDENTS

Complaint No.XXXX

                              U/s.: XX Cr.P.C.

P.S.: XXXXX

APPLICATION ON BEHALF OF THE PETITIONERS UNDER SECTION 482 OF CODE OF CRIMINAL PROCEDURE FOR STAY OF THE PROCEEDINGS UNDER SECTION 91 CRPC ISSUED BY THE RESPONDENT NO.1 IN COMPLAINT NO. 274/2023 5A.

MOST RESPECTFULLY SHOWETH :- 

1.              That the Petitioner has filed the accompanying Writ Petition Under Articles 226 & 227 of Constitution of India which is pending before the Hon’ble Court for adjudication. The contents of the same are true to the knowledge of the Petitioner and the same may kindly be read as an integral part of this Application as the contents of the same are not being reproduced herein for the sake of brevity.

2.              That the Petitioner is having good prima facie case in their favour and there is likely to succeed in it and in case the relief claimed in the present application is not granted the Petitioner will suffer an irreparable loss and injury and the same would not be compensated in terms of money.

3.              That the balance of convenience is also lies in favour of the petitioner and against the respondents.

4.              That the Petitioner has no other efficacious remedy except to file the present Writ Petition.

P R A Y E R

It is, therefore, most respectfully prayed that this Hon’ble Court may be graciously pleased to grant stay of the proceedings U/s 91 CrPC in Complaint No.XXXXX dated 13.07.2023 issued by the Respondent no.1 and defreeze the account of the petitioner, till the final decision of the accompanying Writ Petition, in the interest of justice, equity and circumstances of the case.

Such other or further orders as this Hon’ble Court may be deem fit and proper in the facts and circumstances of the case be also passed to meet the ends of justice.

          PETITIONER

Through

Place: New Delhi

Dated:

XXXXX

ADVOCATES AND LEGAL CONSULTANTS

XXXXXX

XXXXXX

PHONE: +91 XXXXX

EMAIL: XXXXX

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. M.C. NO. _____ OF 20**.

IN

CRL. WRIT PETITION No._____ OF 20**.

IN THE MATTER OF :-

XXXXX                                                        : PETITIONER

VERSUS

XXXXX                                                        : RESPONDENTS

AFFIDAVIT

Affidavit of Sh. …………. AR / Partner of XXXXX, aged about ___ years, having its office at XXXXXXX, do hereby solemnly affirm and declare as under :-

1.              That I, the Deponent, am the AR / Partner of petitioner firm in the above mentioned case and as such I am conversant with the facts and circumstances of the case, and hence competent to swear this Affidavit.

2.              That accompanying application under Section 482 of the Code of Criminal Procedure has been drafted by my counsel under my instructions and the contents of the same have been read over and explained to me and having understood the same I say that the facts stated therein are true to the best of my knowledge and belief and nothing material has been concealed therefrom.

DEPONENT

VERIFICATION :-

Verified at Delhi on this ___ day of August, 2023. That the contents of the above Affidavit are true and correct to my knowledge and nothing material has been concealed therefrom.

DEPONENT