Naresh Gulia Vs.
State of Delhi & Ors. [2008] INSC 1299 (4 August 2008)
Judgment
CRIMINAL APPELLATE
JURISDICTION CRIMINAL APPEAL NO.1251 OF 2008 (Arising out of S.L.P. (Crl)
No.7834/2007) Naresh Gulia ...Appellant Versus State of Delhi & Ors.
...Respondents
O R D E R Despite
service of notice, complainant has not appeared.
Leave granted.
Appellant is the son
of Captain Tej Pal Singh. Admittedly, the complainant and the said Capt. Tej
Pal Singh entered into an agreement on or about 31.12.1994 relating to
construction and development of land by demolishing the existing structure and
constructing a multi storeyed shopping complex. The said agreement fell
through. A First Information Report No. 786 of 1995 was lodged, inter- alia,
contending that the said agreement had been entered into by and between Daljit
Kukreja and Capt. Tej Pal Singh and his son-Naresh Gulia.
A bare perusal of the
said agreement shows that the appellant is not a party therein. He is not even
a witness thereto.
Apart from the
contention that both Capt. Tej Pal Singh and his son-Naresh Gulia were parties
to the said agreement,no other allegation has been made. If there was a -1-
dis-honest intention on the part of the appellant, the same should have been
alleged tohave been existing on the same day of the entering into the
agreement. If he is not a party to the agreement, the question of making any
representation to the complainant with dishonest intention would not arise.
We, therefore, are of
the opinion that the First Information Report as also the charge-sheet do not
disclose commission of an offence under Section 420 of the Indian Penal Code.
Furthermore, a Civil Suit has already been settled where a settlement was
recorded. It is contended by the learned counsel appearing on behalf of the
State of Delhi that the said settlement has also fallen through. If that be so,
the complainant may have other remedies. No case has been made out to proceed
against the appellant.
Criminal proceedings
as against the appellant are quashed.
The appeal is
allowed.
......................J.
[S.B. SINHA]
......................J.
[CYRIAC JOSEPH]
New
Delhi, August 4, 2008.
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