Sumit Bhasin Vs State of NCT of Delhi & Anr. (Delhi High Court)


Quick Summary
This Delhi High Court case involves a petitioner, Sumit Bhasin, challenging a lower court's order and a complaint filed against him. The complaint alleges that the petitioner and others induced the complainant to invest a significant sum of money with promises of doubling it within a few years. Despite subsequent agreements and promissory notes acknowledging liability, the full amount, including promised returns, was allegedly not repaid.

Court :
Delhi High Court

Brief :
“It is therefore most respectfully prayed that this Hon’ble Court be pleased to set aside the impugned order dated16.12.2020 passed in Revision Petition No. 97/2020, by thelearned District and Sessions Judge, West District, Tis HazariCourts, Delhi, and quash the complaint filed by the Respondentno.2, being CC No. 7398/19, pending before the Metropolitan Magistrate, West District, Tis Hazari Courts, Delhi against the petitioner.”

Citation :
CRL. M.C. 296/2021 & Crl.M.A. 1529/2021

IN THE HIGH COURT OF DELHI AT NEW DELHI
Reserved on : 05.02.2021
Pronounced on :10.03.2021

CRL. M.C. 296/2021 & Crl.M.A. 1529/2021
SUMIT BHASIN ..... Petitioner

Through: Mr. Mandeep Singh Vinaik, Advocate.

Versus

STATE OF NCT OF DELHI & ANR. ..... Respondents

Through: Mr. Mukesh Kumar, APP for the State.

Mr. Sonal Anand, Advocate for R-2.

CORAM:
HON'BLE MR. JUSTICE RAJNISH BHATNAGAR

RAJNISH BHATNAGAR, J. 

1. The present petition U/s 482 Cr.P.C. has been filed by the petitioner with the following prayers:-

“It is therefore most respectfully prayed that this Hon’ble Court be pleased to set aside the impugned order dated16.12.2020 passed in Revision Petition No. 97/2020, by thelearned District and Sessions Judge, West District, Tis HazariCourts, Delhi, and quash the complaint filed by the Respondentno.2, being CC No. 7398/19, pending before the Metropolitan Magistrate, West District, Tis Hazari Courts, Delhi against the petitioner.”

2. The facts of the case are that in January-2009, accused No2 Guneet Bhasin. accused No. 3 Sumit Bhasin (Petitioner herein)  and accused No.4 Smt. Summy Bhasin approached RespondentNo 2/Complainant and allured him into investing Rs 50 lacs in their company with the assurance that same would be doubled infive years and relying on such assurances, he invested his lifetimesavings with them; and in March-2014 the accused persons failedto return the principal amount with interest being total of Rs 1 Crore but then he was further inducted to invest Rs 20 lacs morewith the promise to return Rs. 2 crores on or before March-2019and that MoU dated 26.07.2018 was executed, whereby accusedpersons undertook to pay the complainant a sum of Rs.47,53,519/- and a cheque was also issued; and that later MoUdated 05.05.2019 was executed and it was promised that the complainant would be made a partner in the business and receipt of Rs. 50 lacs as principal amount was retained with the promisethat it would be safe and secure with them and it would becomeRs. 2 crores in 2019: and that on 18.02.2019 another PromissoryNote was issued by accused No.2/ Guneet Bhasin in favour of the complainant and his wife acknowledging liability to pay an amount of Rs. 2,47,53,000/- payable to the complainant and his wife on or before 30.06.2019.

To know more in details find the attachment file
 

FAQ :

The petitioner, Sumit Bhasin, prayed for the setting aside of an order dated 16.12.2020 passed by the District and Sessions Judge and to quash the complaint filed against him.

The complainant invested Rs 50 lacs in the company of the accused, with assurances that the investment would double in five years. Later, a further Rs 20 lacs was invested with a promise of Rs 2 crores by March-2019.

Yes, a Memorandum of Understanding (MoU) was executed on 26.07.2018, and another on 05.05.2019. Additionally, a Promissory Note was issued on 18.02.2019 acknowledging a liability of Rs 2,47,53,000/-.

The accused allegedly failed to return the principal amount with interest as promised, and did not fulfil the repayment obligations outlined in the MoUs and the promissory note.

 

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