Serial number in list of datesThe legal notice was issued whereby the said agreement was terminated and the loan amount was recalled by the respondent bank, as well as the letter dated Date of arbitrator's letter of the learned Sole Arbitrator, Arbitrator's name, whereby the respondent company has already initiated the arbitration proceedings by appointing her to preside over the said arbitration matter.
Serial number in list of datesThe petitioner replied to the said letter dated Date of arbitrator's letter, recording its objections to the appointment of the Arbitrator, coupled with objections as to the seat of arbitration, inasmuch as each and every transaction under the aforesaid loan agreement was carried out within the jurisdiction of this Hon'ble Court.
Serial number in list of datesA second notice was served upon the petitioner requiring it to appear in person or through an attorney before the Arbitrator appointed by the respondent, Ms. Arbitrator's name, at Place of arbitration.
Serial number in list of datesHence, the present petition.
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL. MISC. (MAIN) PETITION No. Criminal misc. main petition number OF 2016
IN THE MATTER OF:
Petitioner's name: PETITIONER
VERSUS
Respondent's name: RESPONDENT
FIR No. FIR number
U/S.: 406/420 IPC
P.S.: Police station
INDEX
| S. NO. | PARTICULARS | PAGES | C. FEE |
|---|
| 1. | Notice of Motion. | A - | |
| 4. | List of Dates and Events. | | |
| 5. | Petition under Section 482 of the Cr.P.C. with affidavit. | | |
| 6. | Annexure P-1: Application for defreezing of the bank accounts filed by the petitioner before the learned Trial Court. | | |
| 7. | Annexure P-2: A true copy of FIR No. FIR number. | | |
| 8. | Annexure P-3: Copy of the list of bank accounts and copy of the letter from the bank. | | |
| 9. | Annexure P-4: A true copy of the order sheet of the learned Trial Court. | | |
| 10. | Application under Section 482 of the Cr.P.C. for exemption from filing the certified copy, with affidavit. | | |
DELHIPETITIONER
THROUGH:
DATED: Date of signing
ADVOCATES
Advocates' street address,
New Delhi-110013.
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL. MISC. (MAIN) PETITION No. Criminal misc. main petition number OF 2016
IN THE MATTER OF:
Petitioner's name: PETITIONER
VERSUS
Respondent's name: RESPONDENT
FIR No. FIR number
U/S.: 406/420 IPC
P.S.: Police station
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, in accordance with the provisions of the Delhi High Court Rules and Regulations and the orders issued thereunder.
The grounds of urgency are as set out in the accompanying petition/application.
It is most respectfully prayed that the accompanying petition for defreezing of the bank accounts of the petitioner may kindly be treated as urgent, in the interest of justice.
DELHIPETITIONER
THROUGH:
DATED: Date of signing
ADVOCATES
Advocates' street address,
New Delhi-110013.
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL. MISC. (MAIN) PETITION No. Criminal misc. main petition number OF 2016
IN THE MATTER OF:
Petitioner's name, through Authorised representative's name, New Delhi.: PETITIONER
VERSUS
Respondent's name: RESPONDENT
FIR No. FIR number
U/S.: 406/420 IPC
P.S.: Police station
MEMO OF PARTIES
DELHIPETITIONER
THROUGH:
DATED: Date of signing
ADVOCATES
Advocates' street address,
New Delhi-110013.
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL. MISC. (MAIN) PETITION No. Criminal misc. main petition number OF 2016
IN THE MATTER OF:
Petitioner's name, through Authorised representative's name, New Delhi.: PETITIONER
VERSUS
Respondent's name: RESPONDENT
FIR No. FIR number
U/S.: 406/420 IPC
P.S.: Police station
PETITION UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973, FILED ON BEHALF OF THE PETITIONER, FOR A DIRECTION TO THE BANK TO DEFREEZE THE BANK ACCOUNTS OF THE PETITIONER IN FIR NO. FIR number UNDER SECTIONS 406/420 IPC, PENDING BEFORE THE LEARNED TRIAL COURT OF SH. Trial court judge's name, LEARNED CMM, SAKET COURTS, NEW DELHI
To,
The Hon'ble the Chief Justice and His Lordship's Companion Judges of the High Court of Delhi at New Delhi.
MAY IT PLEASE YOUR LORDSHIPS:
1.That the petitioner is a law-abiding citizen and has full faith in the administration of justice. The petitioner has sought to invoke the extraordinary jurisdiction of this Hon'ble Court under Section 482 of the Code of Criminal Procedure, 1973, seeking a direction to the bank to defreeze the bank accounts of the petitioner, which were frozen in connection with the proceedings arising out of FIR No. FIR number under Sections 406/420 IPC, registered at Police Station Police station, and pending before the learned CMM, Sh. Trial court judge's name, Saket Courts, New Delhi.
2.That the brief facts of the case are as under:
A.That during the course of investigation, the bank accounts of the petitioner company were frozen by the Investigating Officer.
B.That the allegations in the present FIR have nothing to do with the accounts of the company. The petitioner company learnt of the freezing of its accounts only through the letter received from the bank.
C.That certain of the complainants/investors lodged a complaint against the petitioner with the police in City where complaint was lodged in respect of one of the sites (projects). During the hearing of the bail application, the Hon'ble Punjab and Haryana High Court was pleased to grant interim bail to Name of person granted interim bail, subject to the fulfilment of the undertaking tendered by Name of person giving undertaking that he would make monthly payments of Rs. 10 crores to the unallotted investors. It is pertinent to mention that the petitioner is making payments to the various investors in terms of the orders passed by the Hon'ble Punjab and Haryana High Court.
D.That there has been no disobedience of the directions passed by the Hon'ble Punjab and Haryana High Court.
E.That, in view of the fact that the Group Chairman, Group chairman's name, is making payments of Rs. Monthly payment amount (₹) to the investors, the freezing of the accounts by the Investigating Officer is against the spirit of that order, inasmuch as the freezing of the bank accounts of the petitioner company is coming in the way of the disbursement of monies to the investors. Even otherwise, no prejudice would be caused to the prosecution if the application for defreezing of the bank accounts is allowed.
F.That the Investigating Officer has absolutely no jurisdiction or power under any of the provisions of the Code of Criminal Procedure to freeze the accounts of the petitioner company.
G.Furthermore, the freezing of the accounts has rendered the performance of the company impossible owing to the illegal action of the police. The day-to-day functioning of the company is an integral part of its activities, and all such activities will come to a standstill if the bank accounts remain frozen.
H.That the power of the police to freeze any account can be exercised only where there is a direct nexus between the crime and the said account. Freezing of accounts is resorted to only in cases of misappropriation and corruption, whereas, in the present case, the failure of the project is attributable to other reasons in which no criminality is involved.
I.That account number Escrow account number with Bank name is an escrow account of M/s. Escrow account holder company's name Capital Limited, holding an amount of approximately Rs. Amount in escrow account (₹), and the freezing of this account has stalled the progress of the project. As stated above, the said account is an escrow account, the operation of which is essential for the completion of the project.
J.It is further submitted that the funds in the account are required to be drawn to meet the day-to-day operational expenditure of the petitioner company.
K.That the action of the police in freezing the bank accounts is mala fide and is intended to create terror and to bring the activities of the company to a halt, although the 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, 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.That a reading of the provisions of Section 102 of Cr.P.C. clearly indicates the scope of the power under the said provision and that it is an exhaustive provision. Only two categories of properties are mentioned therein, namely, (1) property alleged or suspected to have been stolen, or (2) property 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.That however, without admitting anything and only for the sake of arguments, it is submitted that since the alleged offence was 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](https://indiankanoon.org/doc/48405667/), Cr.P.C., cannot have any nexus to the future transactions or the regular activities of the company.
6.That the day-to-day activities of the company and the money which it receives or spends for such day-to-day activities can have absolutely no relevance to the offences alleged to have been committed, or to the investigation into those offences.
7.That the petitioner submits that if all these bank accounts are frozen, the company would not be able to disburse weekly wages to its employees, besides being crippled from running its day-to-day affairs and business, since all its monetary transactions are routed through these banks. The action of the police in freezing the bank accounts held by the company is therefore wholly unjustified.
8.That aggrieved by the freezing of the bank account of the petitioner by the Investigating Officer in FIR No.FIR number under Section 406/420 of IPC registered at Police Station Police station, pending before the Ld. CMM, Name of the Ld. CMM before whom the FIR case is pending, Court and place of the Ld. CMM (e.g., Saket Court, New Delhi), the petitioner is constrained to file the present petition.
GROUNDS : -
A.
B.
C.
D.That the Ld. CMM failed to appreciate that the petitioner seeks further investigation in the captioned matter qua the facts stated above. That our Constitution grants the valuable right to the applicant of a fair trial, and casts a duty upon the Investigating Officer to carry out the investigation in a fair manner. In the present case, the Investigating Officer has failed to collect the material/evidence which was sufficient to prove the falsity of the case of the investigation.
E.That the Ld. CMM committed a serious illegality by passing the order against the petitioner and did not properly consider the facts on record itself.
F.That the Ld. CMM failed to appreciate that the rejection of the application of the petitioner for de-freezing of the bank account of the petitioner is totally erroneous and contrary to the law and guidelines 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 the present petition, in order to prevent a grave miscarriage of justice and to secure the ends of justice.
12.That it is submitted that there is an inherent defect in the order under challenge, and if the proceedings are continued, there is a likelihood of a miscarriage of justice, warranting interference by this Hon'ble Court under Section 482 of Cr.P.C.
13.That the petitioner craves leave of this Hon'ble Court to raise such other or further grounds as may be available to it at the time of hearing of the present petition.
14.That the petitioner has not filed any similar petition in the above-noted matter either before this Hon'ble Court or before the Hon'ble Supreme Court of India.
P R A Y E R :-
In the facts and circumstances of the case, it is most respectfully prayed that this Hon'ble Court may be pleased to:-
A.Direct the bank / Investigating Officer to de-freeze the bank account of the petitioner in the proceedings in FIR No.FIR number under Section 406/420 of IPC registered at Police Station Police station, pending before the Ld. CMM, Name of the Ld. CMM before whom the FIR case is pending, Court and place of the Ld. CMM (e.g., Saket Court, New Delhi), in the interest of justice.
B.Pass such other order or orders as this Hon'ble Court may deem fit and proper in the interest of justice.
DELHIPETITIONER
THROUGH
DATED : Date of signing
ADVOCATES
Advocates' street address,
Advocates' city and PIN code.
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL. MISC. APP. NO. Criminal misc. application number OF 2016.
IN
CRL. MISC. (MAIN) PETITION No. Criminal misc. main petition number OF 2016.
IN THE MATTER OF :-
Petitioner's name: PETITIONER
VERSUS
Respondent's name: RESPONDENT
FIR No. FIR number
U/S.: 406/420 IPC
P.S.: Police station
APPLICATION FOR EXEMPTION FROM FILING CERTIFIED COPIES OF THE Annexures for which certified copies are exempted UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE.
MOST RESPECTFULLY SHOWETH: -
1.That the petitioner has filed annexures along with the main petition in support thereof, and the annexures so filed are true, correct and compared copies of the originals.
2.That the petitioner shall apply for obtaining the certified copies of the annexures and undertakes to file the same as soon as they are made available by the copying agency concerned.
It is, therefore, most respectfully prayed that this Hon'ble Court may kindly exempt the petitioner from filing the certified copies of the annexures.
DELHIPETITIONER
THROUGH
DATED : Date of signing
ADVOCATES
Advocates' street address,
Advocates' city and PIN code.
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL. MISC. APP. NO. Criminal misc. application number OF 2016.
IN
CRL. MISC. (MAIN) PETITION No. Criminal misc. main petition number OF 2016.
IN THE MATTER OF :-
Petitioner's name: PETITIONER
VERSUS
Respondent's name: RESPONDENT
AFFIDAVIT
Affidavit of Sh. Deponent's first name Deponent's surname, of M/s. Petitioner company's name, Deponent's designation, Deponent's city, 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 instructions, my advocate is filing this Application for Exemption from Filing Certified Copies in the above-mentioned case, and I am fully conversant with the facts of the same. I state 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 verification day of Month of verification, Year of the petition that the contents of the above affidavit are true and correct to my knowledge, that no part of it is false and that nothing material is concealed therefrom.
DEPONENT
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL. MISC. (MAIN) PETITION No. Criminal misc. main petition number OF 2016.
IN THE MATTER OF: -
Petitioner's name: PETITIONER
VERSUS
Respondent's name : RESPONDENT
AFFIDAVIT
I, Deponent's first name Deponent's surname, Deponent's designation of M/s. Petitioner company's name, 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 am therefore competent to swear this Affidavit.
2.That the contents of the accompanying Petition under Section 482 of the Cr.P.C. have been read over and explained to me in the vernacular language, and having understood the same, I state that the facts stated therein are true to the best of my knowledge and belief, and that nothing material has been concealed therefrom.
DEPONENT
VERIFICATION :-
Verified at Delhi on this Day of verification day of Month of verification, Year of verification. 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