LIST OF DATES & EVENTS

____________     :       The respondent company is the company registered under the provision of Companies Act. The respondent was formerly known as _________ Limited and the name was thereafter changed to __________ Limited and accordingly “Fresh Certificate of Incorporation consequent on change of name was issued by the office of the Registrar of Companies, _________.

:       The respondent agreed to sanction the loan to the petitioner and further granted the petitioner a personal / business loan for the sum of Rs.25 Lacs on certain terms and conditions of the agreement and the petitioner agreed to repay the said loan amount with interest thereupon in monthly installments.

:       That due to non advancement of the second installment of the loan to the petitioner, the petitioner business suffered and the petitioner was faced with unexpected losses the business of the petitioner was prepared with the business commitments on the pretext of the complete loan amount.

________           :       The petitioner was served with the legal notice whereby the said agreement was terminated and the lona amount was recalled by the respondent bank and even the Sole Arbitrator letter whereby the respondent company has already initiated Ms. __________was appointed to lead in the said arbitration matter.

__________        :       The petitioner replied to the letter dated ________ to the petitioner stating thereby the objection towards the appointment of the Arbitrator coupled with the objections qua the Seat of the Arbitration as each and every transaction qua the aforesaid loan agreement was carried out within the jurisdiction of this Hon’ble Court.

_________          :       Second notice was served upon the petitioner to appear in person or through attorney before the Arbitrator appointed by the respondent Ms. ________ in ___.

__.__-6     :       Hence, the present application.

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. MISC. (MAIN) PETITION No. ______ OF 2016.

IN THE MATTER OF :-

__________________                                    : PETITIONER

VERSUS

__________________________________           : RESPONDENT

FIR No. _________

U/S.: 406/420 IPC

P.S.: _________

I N D E X

DELHI                                                             PETITIONER

THROUGH

DATED

_________

ADVOCATES  

_____________,

New Delhi-110013.

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. MISC. (MAIN) PETITION No. ______ OF 2016.

IN THE MATTER OF :-

__________________                                    : PETITIONER

VERSUS

__________________________________           : RESPONDENT

FIR No. _________

U/S.: 406/420 IPC

P.S.: _______

URGENT APPLICATION

To,

The Hon'ble Joint Registrar,

Hon’ble High Court of Delhi,

New Delhi.

Sir,

        Will you kindly treat the accompanying 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 defreezing of the bank account of the petitioner, in the interest of justice.

DELHI                                                             PETITIONER

THROUGH

DATED

________________

ADVOCATES  

_____________,

New Delhi-110013.

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. MISC. (MAIN) PETITION No. ______ OF 2016.

IN THE MATTER OF :-

__________________            : PETITIONER

VERSUS

__________________________________           : RESPONDENT

FIR No. _________

U/S.: 406/420 IPC

P.S.: _________

MEMO OF PARTIES

______________________

Through …………….

New Delhi.                                               : PETITIONER

VERSUS

__________________________________           : RESPONDENTS

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

DELHI                                                             PETITIONER

THROUGH

DATED

_________

ADVOCATES  

_____________,

New Delhi-110013.

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. MISC. (MAIN) PETITION No. ______ OF 2016.

IN THE MATTER OF :-

________________________.

Through …………….

New Delhi.                                               : PETITIONER

VERSUS

__________________________________           : RESPONDENTS

FIR No. _________

U/S.: 406/420 IPC

P.S.: __________

PETITION FOR AND ON BEHALF OF THE PETITIONER UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE 1973 FOR DIRECTION TO THE BANK FOR DEFREEZING OF THE BANK ACCOUNT OF THE PETITIONER IN THE FIR NO. _________ UNDER SECTION 406/420 OF IPC PENDING BEFORE THE LD. TRIAL COURT OF SH. S.K. ARORA; LD. CMM, SAKET COURT, NEW DELHI.

To,

        The Hon’ble the Chief Justice and his Hon’ble Companion Judges of the High Court of Delhi at New Delhi.

MAY IT PLEASE YOUR LORDSHIPS :-

1.     That the Petitioner is law abiding citizen and has full faith in the administration of justice. That the Petitioner has sought to invoke the Extraordinary jurisdiction of this Hon’ble Court under Section 482 of the Code of Criminal Procedure for direction to the bank for defreezing of the bank account of the petitioner which was freezed in the proceeding in FIR No._________ under Section 406/420 of IPC registered with Police Station _________pending before the Ld. CMM, Sh. S.K. Arora; Saket Court, New Delhi.

2.     That the brief facts of the case are as under:-

A.     During the course of investigation, bank accounts of the petitioner company has been freezed by the investigating officer.

B.     That the Allegations in the Present FIR has nothing to do with the account of the company. Petitioner company has come to know form the bank through their letter about freezing of the account.

C.     It is further submitted some of the complainants / investors have lodged the complaint against the petitioner relating to one of the site (Project) with the Police in ______, though while hearing in the bail application Hon’ble High Court at Punjab and Haryana High Court pleased to grant interim bail to ___________ subject to the fulfillment of the undertaking tendered by ___________ that he would make monthly payment of Rs. 10 Crores to the unallottees investors, it is pertinent here in to mention that petitioner is making payment to the various investors in term of the orders passed by Hon’ble High Court at Punjab and Harayana.

D.     It is further submitted that there is no disobedience of the directions as passed by the Hon’ble Court at Punjab and Haryana High Court.

E.     In view of the fact that group chairman _____________ is making payment of Rs. ______ to the investors as such freezing of the account by the investigating officer is against the spirit of that order as the freezing of the bank account of petitioner company is coming on the way for disbursement of money to the investors, even otherwise no prejudice would be caused to the prosecution if the application for defreezing of the bank account is allowed.

F.     The petitioner states that the Investigating officer has absolutely no jurisdiction or power under any of the provisions of the Criminal Procedure Code to freeze the accounts of the petitioner company.

G.     Furthermore the freezing of the accounts have now rendered the performance of the Company impossible, due to the illegal action of the police and Performance of day to day functioning of the company is an integral part of the activities of the company. All such activities will come to a standstill if the bank accounts stand frozen.

H.     It is further submitted that the power of the police to freeze any account can be exercised only if there was any direct nexus between the crime and the said account. The freezing of accounts have been resorted to only in case of misappropriation and corruption where as in the present case the failure of the project is because of some other reasons where no criminality is involved.

I.      It is further submitted that the account Number __________ with _______ is Escrow account with M/s. ________ Capital Limited having amount of Rs. 24 lakhs around and by freezing of this account, the progress of this project got stalled, as stated above the said account is an escrow account and its operation is essential for the completion of the project.

J.     It is further submitted that the money is required to be drawn to meet the expenditure of the petitioner company towards day to day functioning

K.     The action of the police in freezing of the accounts is mala fide and intended to create terror and to bring the activities of the company and money is required to be drawn to meet the expenditure of the company.

3.     That before invoking the action of freezing of the bank account by the Investigating officer has not satisfactorily explained as to how the future transactions and activities of the company can have any nexus to the crime of the past.

4.     A reading of the provision of Section 102 of Cr.P.C. clearly indicates the scope of the power under the provision and that it is an exhaustive provision. Only two categories of properties are mentioned, namely, (1) alleged or suspected to have been stolen, or (2) which may be found under circumstances which create suspicion of the commission of any offence. No other categories can be included or deemed to be included as may otherwise be possible in an expansive definition by using certain other expressions in addition such as "as the case may be", "as the authorities deem fit and necessary", etc., which may render the provision an inclusive and illustrative one and not an exhaustive one.

5.     However, without admitting only for the sake of arguments, it is submitted that the alleged offence having been completed long back, the checking of the accounts in relation to the aforementioned case can be only as regards past events and accounts. Any checking would be relevant only with reference to past transactions. Section 102, Cr.P.c., cannot have any nexus to the future transactions or the regular activities of the Company.

6.     The day-to-day activities of the company and the money which they receive or spend for such day-to-day activities can have absolutely no relevance to the offences alleged to have been committed for the investigation into those offences.

7.     The petitioner submits that if all these bank accounts are frozen, the company would not be able to disburse weekly wages to his employees besides being crippled from running his day-to-day company and the business since all his monetary transactions are routed through these banks; that the action of the police to freeze the bank accounts held by the company.

8.     That aggrieved from the freezing of bank account of the petitioner by the IO in the FIR No._________ under Section 406/420 of IPC registered with Police Station _________pending before the Ld. CMM, Sh. S.K. Arora; Saket Court, New Delhi, petitioner is forced to file the present petition.

GROUNDS : -

A.    

B

C

D.     That the Ld. CMM failed to appreciate that petitioner seeks further investigation in the captioned matter qua these facts as stated above. That our constitution grants the valuables right to the applicant for a fair trial for duty casts upon the investigating officer to carry out the investigation in a fair manner and in the present case investigating officer has failed to collect the material / evidence which was enough to prove falsity of the case of the investigation.

E.     That the Ld. CMM committed serious illegality by passing the order against the petitioner and did not properly considered the fact on record itself.

F.     That Ld. CMM failed to appreciate while prolonging the application of the petitioner for defreezing of the bank account of the petitioner is totally erroneous and contrary to the law and guidelines, as settled by the Hon’ble Supreme Court of India as well as the Hon’ble High Court of Delhi.

9.     That grave prejudice and irreparable loss would be caused to the petitioner if the relief prayed for is not granted.

10.   That the impugned order is bad on the facts as well as on the merits of the case and is liable to be set aside by this Hon’ble Court.

11.   That the petitioner has no other alternative remedy but to approach this Hon’ble Court through present petition to prevent as grave miscarriage of justice and in order to secure ends of justice.

12.   That it is submitted that there is inherent defect in the order under challenge and if proceedings is continued then there is chances of miscarriage of justice and it needs interference by this Hon’ble Court under section 482 of Cr.P.C.

13.   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.

14.   The petitioner has not filed any similar petition in the above noted matter either before this Hon’ble Court or before 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.     Direct the bank / IO to defreezing of the bank account of the petitioner in the proceeding in FIR No._________ under Section 406/420 of IPC registered with Police Station _________pending before the Ld. CMM, Sh. S.K. Arora; Saket Court, New Delhi, in the interest of justice. 

C.     Pass such other order or orders as this Hon’ble Court may deem fit and proper interest he interest of justice.

DELHI                                                     PETITIONER

THROUGH

DATED

_________

ADVOCATES  

_____________,

New Delhi-110013.

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. MISC. APP. NO. ______ OF 2016.

IN

CRL. MISC. (MAIN) PETITION No. ______ OF 2016.

IN THE MATTER OF :-

__________________            : PETITIONER

VERSUS

__________________________________           : RESPONDENT

FIR No. _________

U/S.: 406/420 IPC

P.S.: __________

APPLICATION FOR EXEMPTION FROM FILLING CERTIFIED COPIES OF THE ANNEXXURES UNDER SECTION 482 OF CODE OF CRIMINAL PROCEDURE.

MOST RESPECTFULLY SHOWETH; -

1.          That the petitioner has filed Annexures. Along with the main petition in order to support the petition and the Annexures filed is the true, correct and compared copies of the original.

2.          That the petitioner shall apply for obtaining the certified copies of the Annexures and undertakes to file the same as soon as the same is made available by copying agency concerned.

It is most respectfully prayed that the petitioner may kindly be exempted from filling the certified copies of the Annexures.

DELHI                                                     PETITIONER

THROUGH

DATED

_________

ADVOCATES  

_____________,

New Delhi-110013.

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. MISC. APP. NO. ______ OF 2016.

IN

CRL. MISC. (MAIN) PETITION No. ______ OF 2016.

IN THE MATTER OF :-

__________________            : PETITIONER

VERSUS

__________________________________           : RESPONDENT

AFFIDAVIT

Affidavit of Sh. ………. …………… M/s. _____________, ………………………., New Delhi, do hereby solemnly affirm and declare, on oath, as under: -

1.          That I am the petitioner in the above mentioned petition and am therefore, competent to swear this affidavit.

2.          That upon my instruction, my advocate, is filing this Application for Exemptions from Filing Certified Copies, in the above-mentioned case, and I am fully conversant with the facts of the same. That I say that the facts stated therein are true and correct to my knowledge. Any annexures filed along with the Application are true copies of their respective originals.

DEPONENT

VERIFICATION :-

Verified at New Delhi on this ____ day of ______, 2016 that the contents of the above affidavit are true and correct to my knowledge.  No part of it is false and nothing material is concealed therefrom.

                                DEPONENT

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. MISC. (MAIN) PETITION No. ______ OF 2016.

IN THE MATTER OF: -

__________________            : PETITIONER

VERSUS

__________________________________           : RESPONDENT

AFFIDAVIT

Affidavit of Sh. ………. …………… M/s. _____________, ………………………., New Delhi, do hereby solemnly affirm and declare, on oath, as under: -

1.     That I am the petitioner 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 the contents of the accompanying Petition under Section 482 of Cr.P.C. have been read over and explained to me in vernacular language 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 _______, 2016. That the contents of the above Affidavit are true and correct to my knowledge, no part of it is false and nothing material has been concealed therefrom.

DEPONENT