M/S. V.L.S. Finance Ltd vs S.P. Gupta And Anr

3. Presently to the facts. In the present case, the facts fresco a labyrinthine that has the potentiality to divert the mind. Hence, it is imperative to exposit facts after due filtration. The appellant set the criminal law in motion by filing an FIR No. 90 of 2000 at Police Station Connaught Place which came to be registered under Sections 406, 409, 420, 424, 467, 468, 471, 477-A and 120B of the Indian Penal Code (IPC). After the investigation by the Economic Offences Wing, Crime Branch, Delhi Police, a charge-sheet was filed on 18.01.2003. One of the charges levelled against the accused persons pertained to the fraudulent transactions of certain amount of money. Learned Magistrate vide order dated 18.01.2003, appreciating the material on record, took cognizance of the offences in question and summoned the accused persons fixing the date of appearance on 04.09.2003. The order of issuing summons was assailed before the High Court of Delhi in Crl.M.C. No. 911 of 2003 along with the prayer for quashment of the FIR and an order came to be passed on 04.03.2003. As the factual score would reveal, the matter was pending before the High Court of Delhi and it carried on for days and, as alleged, an effort was made to derail the proceedings by filing an application for recusal of the learned Judge who had substantially heard the matter. The said application came to be dismissed and the order of dismissal was called in question before this Court in a special leave petition with no success. Thereafter, the accused persons challenged the order of summoning before the trial court which was not entertained as is evident from the order dated 27.04.2010. The said order was attacked in Crl.M.C. No. 2040 of 2010 which came to be dismissed on 04.06.2010. In the said case, the learned single Judge had taken note of the earlier cases being Criminal M.C. Nos. 911 of 2003, 1992 of 2006, 2142 of 2007, 2229 of 2007, 1988 of 2008 and 64 of 2006 and Writ Petition (Criminal) Nos. 498 of 2005, 208 of 2006, 1191 of 2006 and 1210 of 2006 challenging the summoning order which remained pending before the High Court till 04.03.2010. On 04.03.2010 the High Court noted that the learned counsel for the petitioners therein did not want the matter to be disposed of on merits and sought liberty to raise all the points which have been raised before this Court in the trial Court at an appropriate stage/at the stage of hearing arguments on charge. After so noting, the High Court observed that:-

18. In the meantime, the order passed on 07.01.2012 by the learned Magistrate in various cases pertaining to the accused persons was called in question in a number of revisions before the revisional court. The learned special Judge, Patiala House Courts while dealing with the revision petition, narrated the facts in entirety, noted the contentions advanced by the learned counsel for the parties and opined that any party who has a right to file an application/petition before a court of a Magistrate, has an inherent right to withdraw the same and as a corollary thereof the court of a Magistrate will have the jurisdiction to allow the application seeking withdrawal of application for withdrawal from the prosecution. He distinguished between the two concepts, namely, withdrawal of the order taking congnizance and grant of permission to withdrawal an application for withdrawal from the prosecution. Being of this view, he dismissed the revision applications vide order dated 15.11.2014.

20. On 22.05.2015 an application was filed on behalf of the appellant to initiate proceedings under Section 340 Cr.P.C. read with Section 195(1) Cr.P.C. or to initiate contempt proceedings against the accused persons. On 22.05.2015 a preliminary common written synopsis of the appellant was filed seeking dismissal of Crl. M.C. No. 2055 of 2015. On 29.05.2015, the High Court directed for listing the petition for clarification. As the facts would reveal, on 15.07.2015 the High Court directed to file short synopsis within a week. The said order was complied with.

27. We have already narrated the chronology of events. The sequence of events as depicted is quite disturbing. Long time has elapsed since the day summons were issued. Despite the non-entertainment of the petitions challenging the order issuing summons by the superior courts, the matter remains today, where it was in 2003. In all possibility the criminal proceedings would have continued in accordance with law after this court had declined to interfere with the order of issuing summons, but the order passed by the screening committee recommending for withdrawal of the prosecution of the aforesaid cases on 13.09.2011 made the difference. The said recommendation was approved by the Lt. Governor on 18.11.2011. On the basis of the order passed by the Lt. Governor, the application was filed seeking withdrawal of the cases. The Assistant Public Prosecutor filed an application averring that the facts of the case clearly showed that it was indicating a commercial transaction between parties but the same had culminated into a criminal offence. It was also mentioned that it was a case relating to civil transaction as well as breach of promises. The Assistant Public Prosecutor was of the view that there was no likelihood of conviction in the case and accordingly had sought withdrawal of the case in public interest. Thereafter the controversy took the centre stage when on 13.12.2011 the Director of the Prosecution communicated to the Principal Secretary, Home Ministry, stating that on a further perusal of the charge- sheet in the aforesaid case it was found that there was sufficient evidence on record to establish the charges against the accused persons and the public prosecutor should be requested accordingly. The Lt. Governor, as mentioned earlier, accepted the same and issued a letter.

28. The communication made by the Director of the prosecution in that regard, came to be assailed by the son of the 1st respondent, in Writ Petition (C) No. 3470 of 2012. The Learned Single Judge, as has been stated earlier, dismissed the writ petition. Aggrieved by the aforesaid letter, L.P.A. No. 548 of 2013 was preferred which was dismissed and assail in this court did not yield any fruitful result.

49. The appeals are allowed in above terms.