M/S Kapis Impesx Pvt Ltd v. Vipin Kohli & Anr

JUDGMENT % (ORAL)

Petitioner claims to be the complainant of FIR No.391/2014 under Sections 420/408/120-B of IPC registered at P.S. Preet Vihar, Delhi and is aggrieved by impugned order of 16th May, 2015 vide which he has been directed to deposit a sum of `16 lacs by way of FDR. Vide aforesaid order, respondent-accused has been also directed to deposit a sum of `15 lacs by way of FDR. Learned counsel for petitioner-complainant submits that the Sessions Court gives no reason for directing petitioner--complainant to CRL.M.C. 3638/2015 Page 2

deposit a sum of `16 lacs by way of FDR. Even learned counsel for respondent-accused submits that respondent-accused has no means to deposit a sum of `16 lacs by way of FDR. Learned counsel for petitioner-complainant submits that the impugned order does not give any valid justification as to why petitioner-complainant should deposit the amount of `16 lacs allegedly admitted received by him because he has yet to receive the remaining amount of `15 lacs from the respondent-accused. This is disputed by learned counsel for respondent-accused, who submits that he is not liable to pay any such amount. Be that as it may. Since petitioner-complainant has come to this Court against the impugned order, therefore, the condition imposed in the impugned order directing petitioner-complainant to deposit `16 lacs by way of FDR is hereby quashed as it is not supported by any valid reason/justification. The petition is accordingly disposed of.

(SUNIL GAUR)

JUDGE SEPTEMBER 04, 2015 s

CRL.M.C. 3638/2015 Page 1 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: September 04, 2015 + CRL.M.C. 3638/2015 M/S KAPIS IMPESX PVT LTD ..... Petitioner Through: Mr. S.K. Sharma, Advocate versus VIPIN KOHLI & ANR .....Respondents Through: Ms. Manjeet Arya, Additional Public Prosecutor for respondent- State Mr. Puneet Kaushik, Advocate for respondent No.1 CORAM: HON'BLE MR. JUSTICE SUNIL GAUR