IN THE COURT DISTRICT & SESSION JUDGE, (EAST)
KARKARDOOMA COURT, NEW DELHI
BAIL APPLICATION………2019
IN THE MATTER OF
1. MADAN MOHAN MITTAL
C/O- M/S GEE CEE CORPORATION [Link]
DGO-238, DLF Galleria Mall, Plot No. 01B DDA
District Centre, Mayur Vihar Phase-I,
Delhi East Delhi DL 110091
2. GAURAV MITTAL
C/O- M/S GEE CEE CORPORATION [Link]
DGO-238, DLF Galleria Mall, Plot No. 01B DDA
District Centre, Mayur Vihar Phase-I,
Delhi East Delhi DL 110091
…PETITIONERS/APPLICANTS
VERSUS
1. THE STATE
2. DINESH KUMAR SHARAM
…RESPONDENTS
P.S. PREET VIHAR
U/s 138 NI ACT
APPLICATION FOR ANTICIPATORY BAIL UNDER
SECTION 438 OF THE CODE OF CRIMINAL PROCEDURE
ON BEHALF OF PETITIONERS/APPLICANTS PERSONS
NAMELY MADAN MOHAN MITTAL AND GAURAV
MITTAL.
MOST RESPECTFULLY SHOWETH:-
1. That the applicants/petitioners are law abiding citizens and
directors of M/S GEE CEE CORPORATION [Link].
having its registered office at DGO-238, DLF Galleria Mall,
Plot No. 01B DDA District Centre, Mayur Vihar Phase-I,
Delhi East Delhi DL 110091.
2. That the Complainant/Respondent No. 2 filed a case under
section 138 NI Act against the petitioners/applicants in the
year of 2017, which is pending before the Trail court of SH.
SUJIT SAURABH, LD. MM, DISTRICT EAST, KKD,
DELHI and is fixed on 20.01.2020 for further proceeding.
3. That on 04.08.2018 Ld. trail Court issued NBW against both
the petitioners/applicants No.1 & No.2 for non appearance.
4. That on 06.12.2018 previous counsel appeared before the
trail court of SH. SUJIT SAURABH, LD. MM, DISTRICT
EAST, KKD, DELHI on behalf of petitioners/applicants
No.1 & No.2 and counsel of petitioners/applicants filed a
vakalatnama on behalf of petitioner/applicant No.1 and
also filed memorandum of appearance for
petitioner/applicant No.2. It is pertinent to mention here
that the previous counsel also filed a separate application
for cancelation of NBW along with application for a grant
of exemption for personal appearance of both
petitioners/applicants.
5. That the petitioner/applicant No. 1 is being under the
treatment of Neuroendocrine Tumour since 2012 and the
petitioner/applicant No. 2 was advised to take rest due to
injury in right knee joint (Grade II Sprain In Anterior
Cruciate Ligament and Complex Tear In Medial Meniscus).
The medical records of petitioner/applicant No.2 is
annexed here with as ANNEXURE-A.
6. That on 06.12.2018 previous counsel of petitioners/
applicants No.1 & No. 2 also submitted that the matter is in
the process of settlement and he handed over a demand
draft of Rs. 1,00,000/- (Rupees One Lakh Only) issued by
HDFC bank in favour of complainant/respondent No.2
and copy of the same is placed on record.
7. That It is pertinent to mention here that the intention of
petitioners/applicants were bonafide and they are always
ready for the settlement with the complainant/respondent
No.2 and the complainant/respondent No.2 assured them
that he would settled the matter out of the court as
complainant/respondent No.2 knows the medical
condition of the petitioners/applicants.
8. That on 06.03.2019, due to the medical treatment the
petitioner/applicants were unable to appear before the
Hon’ble court and previous counsel of
petitioners/applicants No. 1 & No.2 filed an application for
cancelation of NBW along with an application for grant of
exemption for personal appearance of both
petitioners/applicants. That the Ld. Trail Court declined
the application of exemption as well as NBW with the
reason as no supported medical documents are annexed
along with applications.
9. That On 06.03.2019 the previous counsel of the
petitioners/applicants No. 1 & No. 2 handed over another
demand draft of Rs. 1, 00,000/- (Rupees One Lakh Only)
issued by Axis Bank Ltd. in favour of
complainant/respondent No.2. The copy of the demand
draft is placed on record. It is pertinent to mention here that
the non-appearance of the petitioners/applicants before the
Hon’ble Court were never intentionally nor deliberately but
due to the above medical reason.
[Link] on 29.08.2019 previous counsel of petitioners/
applicants No. 1 & No.2 appeared before the Ld. Trail
Court and again filed an application for cancelation of
NBW along with an application for grant of exemption for
personal appearance of both petitioners/applicants. That
the both applications has been dismissed by the Ld. Trail
Court for the reason no medical report supported with the
applications and the Ld. trail Court passed the order for 82
Cr.P.C. proceedings against the both
petitioners/applicants. The online downloaded copy of
order dated 29.08.2019 passed by Ld. Trail court is annexed
here with as ANNEXURE-B.
[Link] the Ld. trail court did not considered the fact that
counsel of both petitioners/applicants was regularly
appearing before the Ld. trail court. That the counsel of the
applicants/petitioners by moving an application for
cancellation of NWB and application for grant of exemption
for personal appearance of petitioners/applicants that
medical conditions of petitioner/applicant No.1 is not well
and he is suffering from Neuroendocrine Tumour since
2012. That the petitioner/applicant No. 1 is visiting the
hospital for his day to day treatment along with the
petitioner/applicant No.2 who is son of
petitioner/applicant No.1
[Link] the petitioner/applicant No.1 is about 67 years of old
aged person and suffering from Neuroendocrine Tumour
since 2012. The applicant/petitioner No. 1 is fully
dependent on applicant/petitioner No.2. It is pertinent to
mention here that because of illness of life threatening
disease of Neuroendocrine Tumour of applicant/petitioner
No. 1 the applicant/petitioner No.2 and his family are
facing medical, mental and physical stress. The copy of
medical documents of applicant/petitioner No. 1 are
annexed herewith as ANNEXURE-C.
[Link] not to mislead this Hon’ble Court
petitioners/applicants had deposited two demand drafts
on two different dates of court hearing of Rs. 1, 00,000/-
(Rupees One Lakh Only) each for showing there bonafide
intention.
[Link] non appearance of applicants/petitioners are neither
intentionally nor deliberately but due to reasons stated
herein above.
[Link] the petitioners/applicants are ready to pay the balance
amount of dishonored cheque with due permission of this
Hon’ble Court.
[Link] the petitioners/applicants are ready to furnished a
sound surety with due permission of this Hon’ble Court.
[Link] the applicant undertakes not to misuse the bail and he
also undertakes to abide by the terms of the bail orders.
[Link] the applicant has not filed any other bail application
under section 438 of the Code of Criminal Procedure in this
Hon’ble Court.
PRAYER
It is, therefore, most humbly prayed that this
Hon’ble Court may kindly be pleased to grant
anticipatory bail to the petitioners /applicants in the
above noted case and the SHO/IO of the case may kindly
be directed to release the petitioners /applicants on bail
in the event of his arrest in the above noted case.
It is further prayed that during the pendency of the
present application, arrest of the petitioners/applicants
be stayed under the circumstances, in the interest of
justice.
Pass any other further order(s) which this Hon’ble
Court may deem fit and proper in the facts and
circumstances of the case, in the interest of justice.
PETITIONER /APPLICANT No. 1
PETITIONER /APPLICANT No. 2
THROUGH IT COUNSEL
R.K. GUPTA & SUMIT CHAUHAN
(ADVOCATES)
CH. NO.343, LAWYERS BLOCK,
SAKET DISTRICT COURTS COMPLEX,
NEW DELHI-110017
9911138707
DATED: ________
PLACE: DELHI
IN THE COURT DISTRICT & SESSION JUDGE, (EAST)
KARKARDOOMA COURT, NEW DELHI
BAIL APPLICATION No.……………2019
IN THE MATTER OF
Madan Mohan Mittal & Ors. …Petitioner/Applicants
VERSUS
The State & Ors. …Respondents
AFFIDAVIT
I, Madan Mohan Mittal S/o Late Sh. G.C. Mittal
Aged about 67 years old C/o- M/s Gee Cee Corporation Pvt.
Ltd., office at DGO-238, DLF Galleria Mall, Plot No. 01B
DDA District Centre, Mayur Vihar Phase-I, Delhi East
Delhi DL 110091, do hereby solemnly affirm and declare as
under:-
1. That I am the applicant/petitioner No. 1 in the
accompanying application U/s 438 Cr.P.C. and I am well
conversant with the facts of the case and competent to
swear this affidavit.
2. That the accompanying application U/s 438 Cr.P.C. has
been drafted by my counsel on my directions and facts
described to him by me and I affirm the same.
3. That the contents of the accompanying application have
been read over to me in
vernacular and same may kindly be read as part and parcel
of this affidavit and the same are not being repeated herein
for the sake of brevity.
DEPONENT
VERIFICATION:
Verified at New Delhi on this ___ day of December, 2019
that the contents of the above affidavit are true to the best of my
knowledge and belief and nothing material has been concealed
therefrom.
DEPONENT
IN THE COURT DISTRICT & SESSION JUDGE, (EAST)
KARKARDOOMA COURT, NEW DELHI
BAIL APPLICATION No.……………2019
IN THE MATTER OF
Madan Mohan Mittal & Ors. …Petitioner/Applicants
VERSUS
The State & Ors. …Respondents
AFFIDAVIT
I, Gaurav Mittal S/o Sh. Madan Mohan Mittal
Aged about 38 years old C/o- M/s Gee Cee Corporation Pvt.
Ltd., office at DGO-238, DLF Galleria Mall, Plot No. 01B
DDA District Centre, Mayur Vihar Phase-I, Delhi East
Delhi DL 110091, do hereby solemnly affirm and declare as
under:-
1. That I am the applicant/petitioner No. 2 in the
accompanying application U/s 438 Cr.P.C. and am well
conversant with the facts of the case and competent to
swear this affidavit.
2. That the accompanying application U/s 438 Cr.P.C. has
been drafted by my counsel on my directions and facts
described to him by me and I affirm the same.
3. That the contents of the accompanying application have
been read over to me in
vernacular and same may kindly be read as part and parcel
of this affidavit and the same are not being repeated herein
for the sake of brevity.
DEPONENT
VERIFICATION:
Verified at New Delhi on this ___ day of December, 2019
that the contents of the above affidavit are true to the best of my
knowledge and belief and nothing material has been concealed
therefrom.
DEPONENT
