- (1.) By this common judgment, the present petition bearing Crl. Misc. No. M-21409 of 2009 and other eighteen connected petitions bearing Crl. Misc. No. M-22250 of 2011, Crl. Misc. No. M-22933 of 2011, Crl. Misc. No. M-24949 of 2011, Crl. Misc. No. M-24893 of 2011, Crl. Misc. No. M-25100 of 2011, Crl. Misc. No. M-25519 of 2011, Crl. Misc. No. M-25532 of 2011, Crl. Misc. No. M-25533 of 2011, Crl. Misc. No. M-25546 of 2011, Crl. Misc. No. M-25696 of 2011, Crl. Misc. No. M-25775 of 2011, Crl. Misc. No. M-26329 of 2011, Crl. Misc. No. M-26043 of 2011, Crl. Misc. No. M-26044 of 2011, Crl. Misc. No. M-26280 of 2011, Crl. Misc. No. M-26521 of 2011, Crl. Misc. No. M-26591 of 2011 and Crl. Misc. No. M-27205 of 2011 shall be decided. All these petitions have been filed by the petitioners, inter-alia, (1) to quash the respective FIRs registered under Sections 406,409,420,415,468,471,34,120-B IPC (2) to quash the composite order dated 8.3.2011 passed by learned Chief Judicial Magistrate, Gurgaon rejecting the cancellation report(s).
(2.) The necessary facts for the disposal of the petitions are as under: M/s. Champak Textiles Pvt. Ltd. (in short, 'Champak Textiles') was owner of land measuring 2545 square yards in Shah Industrial Area, Plot No. 1, Veera Deasi Road, Andheri (West), Mumbai. Ashok Mahindru and Anand Mahindru were the Directors of the aforesaid Champak Textiles. Another company by the name of M/s Ozo Media Estate Ltd. (for short, 'Ozo Media') was floated on 30.12.2005. Ashok Mahindru was appointed as Chairman and Vineet Handa as Managing Director. Another company by the name of M/s. Ozo Marketing Ltd. (for short, 'Ozo Marketing) was floated on 1.5.2006 for marketing of project to be constructed on the land of Champak Textiles. Prior to the floating of the Ozo Marketing, R. K. Anand was appointed as Chief Executive Officer vide order dated 27.2.2006. One R. K. Anand, through his company, namely, M/s. Convenience Enterprises Private Limited (for short, 'Convenience Enterprises') started registration for allotment of commercial spaces aggregating to 53500 square feet, out of which registration for 5000 square feet got cancelled due to dishonour of cheque in the proposed commercial complex from forty customers which was of Rs. 29,13,89,000/- value. Out of the aforesaid amount, R. K. Anand deposited an amount of Rs. 13,84,20,188/-. Total forty investors/ allottees applied for allotment of spaces in the proposed complex in the prescribed proforma. R. K. Anand registered allotment of spaces at different rates with certain terms and conditions, including in the name of himself and also in the name of some other close relations but it was registered at a lower rate. A difference arose between Ashok Mahindru and R. K. Anand and, therefore, a legal notice was issued by Ashok Mahindru for appointment of an arbitrator. Various petitions under the provisions of Arbitration and Conciliation Act, 1996 (for short, 'the Act') were filed before Delhi High Court. One hundred and eleven petitions were filed by the investors under Sections 9 and 11 of the Act, out of which 97 petitions were dismissed by Delhi High Court on 9.1.2008 for want of jurisdiction and remaining fourteen petitions were dismissed as withdrawn. Thereafter twenty four petitions were filed by R. K. Anand and other investors under Sections 9 and 48 of the Act before Bombay High Court. Bombay High Court dismissed the petitions under Section 9 of the Act on merits vide order dated 8.2.2008 and subsequently appeals filed were dismissed by the Hon'ble Division Bench on 3.3.2008. The petitions under Section 11 of the Act filed for appointment of Arbitrator were dismissed as withdrawn before the Hon'ble Bombay High Court on 14.3.2008.
(3.) Ashok Mahindru filed a complaint dated 30.4.2007 against R. K. Anand and Vineet Handa for cheating and causing wrongful loss to petitioner No. 1 M/s. Ozo Media in conspiracy with each other before Police Station DLF Gurgaon. With a view to counter blast the aforesaid complaint, R. K. Anand filed three complaints on 23.5.2007 under Sections 156(3) CrPC seeking registration of FIR before the Chief Metropolitan Magistrate, Tis Hazari Courts, Delhi against M/s Ozo Media Estate Ltd. , Ashok Mahindru, Vikas Sethi, Anand Mahindru, Atul Mahindru, Aseem Mahindru, Ram Lal, Saket Tiwari, Rajeev Gupta, R. C. Beri, S. K. Beri, M/s. Champak Textiles Pvt. Ltd. , Anil Verma, Ravi Gupta, Jagdish Chawla, Ms. Shvangini Mahindru and Vineet Handa. The said complaints were dismissed vide order dated 28.5.2007. The order dated 28.5.2007 was challenged in Crl. Revision No. 438 of 2007 before the Hon'ble Delhi High Court which was dismissed on the ground that dispute was between the parties and the State had no concern or interest in the litigation. Meanwhile, R. K. Anand filed forteen complaints, whereas, two complaints were filed by his nephew, who was working as Executive Director of Ashok Mahindru, before the court of competent jurisdiction under Section 156(3) CrPC. On the direction issued by the Magistrate, sixteen FIRs under various offences were registered. Three more FIRs were registered on the transfer of the complaints, which were initially filed by R. K. Anand from Delhi to Gurgaon. Total nineteen FIRs were registered. The FIRs so registered are numbered as under: "FIR nos. 154 of 2007, 157 of 2007, 158 of 2007, 159 of 2007, 164 of 2007, 165 of 2007, 166 of 2007, 168 of 2007, 169 of 2008, 170 of 2007, 171 of 2007, 176 of 2007, 177 of 2007, 178 of 2007, 179 of 2007, 180 of 2007, 30 of 2008, 31 of 2008 and 32 of 2008. Dis-satisfied with the allegations leveled in the FIRs, which were sixteen in number, registered in the year 2007, M/s Ozo Media and others have approached this Court through CWP No. 9403 of 2007 which was disposed of by this Court vide order dated 24.7.2007. In the aforesaid writ petition, a direction was issued that the complaints, which ultimately took the form of FIRs, are to be investigated by Satinder Kumar Gupta, DCP, Gurgaon (East). Subsequently, three more FIRs were included in the said investigation. ;