DINESH KUNDRA vs STATE & ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 28th February, 2025 Pronounced on: 11th March, 2025 + CRL.M.C. 3135/2021 DINESH KUNDRA .....Petitioner Through: Mr. Vikas Jain & Mr.Kamal Mahajan, Advocates Versus STATE & ORS. .....Respondents Through: Mr.Shoaib Haider, Additional Public Prosecutor for Respondent-State CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T NEENA BANSAL KRISHNA, J. 1. The present Petition under Section 482 read with Section 427 of the Code of Criminal Procedure, 1973 („Cr.P.C.‟ hereinafter) has been filed by the Petitioner seeking a direction that the Sentence awarded in Complaint Case Nos.461958/2016 and 461959/2016, shall run concurrently and not consecutively. 2. Briefly stated, Petitioner entered into a Collaboration Agreement for construction of Plot bearing No. F-8/1, Malviya Nagar, New Delhi, measuring 126 square yards, with its Owner Mohar Singh. The Petitioner approached the Complainant Sanjay Gulati and his Brother Sandeep Gulati Signature Not Verified CRL.M.C. 3135/2021 Digitally Signed By:ANIL KUMAR BHATT Page 1 of 10 Signing Date:25.03.2025 16:59:18 to invest the amount in the said Project and they entered into Memorandum of Understanding dated 04.11.2012 (henceforth referred to as the “MoU”) and they jointly paid a sum of Rs.22,00,000/- to the Petitioner. 3. In terms of the MoU, the Petitioner was under the obligation to transfer and sell the entire Second Floor with one Parking space at stilt area (share of the Petitioner under the Collaboration Agreement with the Owner) in the name of the Complainant and his Brother. However, Petitioner sold the said portion of the property to a third party without consent of the Complainant and his Brother. 4. The Petitioner issued two Cheques in the sum of Rs.10,00,000/-