Pankaj Naqvi, J. - (1.) Heard Sri D.N. Goverdhan assisted by Sri Jatin Sehgal / Ms. Devna Soni, learned counsel's for the applicant, Sri Dileep Kumar, Sri Arvind Varma, learned Senior Counsel's, Sri Tanveer Ahmad Mir, learned counsel assisted by Ms. Priyanka Midha, for the informant / O.P. No.3 and Sri Niraj Tripathi, the learned Government Advocate, assisted by Sri Vimlendu Tripathi, the learned A.G.A.
(2.) The present application under Section 482 Cr.P.C calls in question the orders dated 24.3.2017 and 19.5.2017, refusing to defreeze the bank accounts of the applicant under Section 102 Cr.P.C. Background facts:
(3.) The O.P. No.3 lodged an FIR on 10.8.2016 against the applicant as Case Crime No.1233/2016, under Sections 420/467/468/471/120-B IPC at P.S. Noida, Sector 20, Gautambudh Nagar, alleging that M/s Horizon Buildcon Private Limited (HBPL), had taken a project in Noida for construction of 780 flats; applicant claimed to have expertise with sufficient technique / experience in real estate, entered into collaboration with the HBPL for which a S.P.V (Special Purpose Venture) under the name of M/s Horizon Concept Private Limited (HCPL) was created, an agreement dated 5.10.2012 was entered into, wherein the applicant was assigned the task to handle sales / marketing of the flats, meet customers, receive payments against sale of flats on behalf of the company, deposit the amount in the 2 designated banks of Noida, issue receipts, maintains accounts, balance-sheets, etc. The work commenced. The informant on 5.7.2016 learnt that one Mr. B.C Pant, a retired Air Marshall approached the company for refund of the amount against cancellation, the company made an offer to return Rs.12,81,534/- but Mr. Pant insisted for return of Rs.16,41,384/- allegedly deposited, the company learnt that an amount of Rs.3,59,850/- was never deposited. The matter was probed by the company, whereupon it learnt that the applicant had unauthorizedly opened Bank Account no. 913020026219 in the name of HCPL with Axis Bank, Vikas Puri, New Delhi fraudulently wherein the disputed payment was deposited. It was finally alleged that in this manner a sum of Rs.6.17 Cr was allegedly siphoned off by the applicant, involving the use of Axis Bank, Vikas Puri, New Delhi from where the said amounts have been allegedly transferred either in the account of the applicant (individual) or in his floated companies.;