Petitioner sought mandamus for FIR registration and transfer of investigation due to forgery and cheque bounce by Jaganmayee Brothers. Court transferred investigation from local police to Crime Branch SIT due to bias in initial dismissal.
Investigation of FIR No. 228/2018 transferred to SIT, Crime Branch; petition disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
6# $~
| + W.P.(CRL) 2329/2017 and Crl. M.A. |
13168/2017 (interim directions) |
|---|---|
| M/S ORIENTAL TRIMEX LIMITED | ..... Petitioner |
| Represented by: | Dr.Kislay Pandey, Mr.Jai Prakash and Ms. Nippun Sharma, Advocates. |
| versus | |
| STATE & ORS | ..... Respondents |
| Represented by: | Mr.Rahul Mehra, Standing Counsel for State, Mr. Jamal Akhtar and Mr. Chaitanya |
| Gosain, Advocates with SI Sushil Sharma, PS Rajinder Nagar. |
CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA
O R D E R % 17.05.2018
Page 1 of 3
W.P.(CRL) 2329/2017
return the same within sixty days with interest @18% per annum. It was also agreed between the parties that the services of both the companies, that is, M/s Oriental Trimax Ltd. and Oriental Air Shipping Services would be hired for a professional fee of ₹12.50 crores only with taxes. An agreement was entered into between Oriental Trimax Ltd. and Jaganmayee Brothers Trading Pvt. Ltd. on 10th April, 2012. On 11th June, 2012 a sum of ₹2.5 crores was returned to the petitioner, whereafter petitioner transferred a sum of ₹3 crores on 15th June, 2012. These amounts were followed by payments of ₹3.12 crores, ₹3.40 crores, ₹3.66 crores and the last amount transferred to Jaganmayee Brothers Trading Pvt. Ltd. was ₹3.84. Though, the interest amount of ₹84 lakhs was received however, the cheque of ₹3 crores (the principal amount) bounced.
Page 2 of 3
W.P.(CRL) 2329/2017
but did not register the case. Ultimately on the directions of the learned Metropolitan Magistrate under Section 156 (3) Cr.P.C., FIR No. 228/2018 under Sections 420/467/468/471/120B/34 IPC has been registered at PS Rajinder Nagar and the investigation is being conducted by PS Rajinder Nagar.
MUKTA GUPTA, J.
MAY 17, 2018 ‘vn’
Page 3 of 3
W.P.(CRL) 2329/2017
3 issues framed by the court
Whether the investigation into the forgery and cheque bounce case should be transferred to a different agency (SIT) instead of the local police that previously dismissed the complaint?
Whether the petitioner is entitled to compensation for the loss due to the bounced cheque and forged documents?
Whether the local police inquiry failed to make out a cognizable offence warranting FIR registration initially?
1 provisions across 1 enactments
M/s Oriental Trimex Limited
State & Ors
Mukta Gupta
As recorded by the court registry
A constitutional writ petition in a criminal context, most commonly habeas corpus or a challenge to an FIR or detention order.
Judgements on the same questions, provisions and authorities, from every court
