Delhi court rejects anticipatory bail plea of SpiceJet promoter Ajay Singh in cheating case

A Delhi court has dismissed the anticipatory bail application of SpiceJet promoter Ajay Singh in relation to an alleged cheating case [Ajay Singh v. State]..The order of Additional Sessions Judge Vineeta Goyal, who was informed that the probe has been handed over to the Economic Offences Wing (EOW) of the Delhi Police, held,“Under these overall facts and circumstances and considering the gravity of offence and the aforementioned ratiocination held, this Court does not find sufficient ground to grant the relief sought in the application filed by the accused / applicant and same is accordingly, dismissed.”.On March 9, the Court had granted Singh interim relief and directed him to join the Delhi Police’s investigation..The cheating case stems from a complaint by a Delhi resident who alleged that Singh did not honour his commitments for a share-purchase agreement.It was alleged that he was asked to join the police investigation, and notices were issued, but he did not comply. A first information report (FIR) under Section 420 (cheating and dishonestly inducing delivery of property) of the Indian Penal Code was registered at the Hauz Khas Police Station in South Delhi..It was alleged by the State and the senior counsel appearing for the complainant that Singh with “dishonest intentions” issued a Delivery Instruction Slips (DIS) used to facilitate the share transfer, but the same was outdated. The slip, it was alleged, was issued with a view to ensure that the transfer of shares did not take place.The defence counsel argued argued that the transfer of shares was subject to the outcome of a dispute pending between his client and the erstwhile owner of the company. The complainant was given the depository slip without Singh’s knowledge or consent, it was submitted.The dispute was termed to be of a civil nature, with the lawyer relying on a clause in the share-purchase agreement that stated that “any dispute, claim or controversy” arising out of the agreement shall be resolved through arbitration.The Court, however, observed, “The handing of DIS which are outdated is a serious and grave offence. All these aspects are matter of dispute and require investigation. The investigating officer also submitted that the present FIR has been transferred to EOW and the investigation is in progress.".The judge relied on Supreme Court precedents and noted, "Success in such interrogation would elude if the accused knows that he is protected by the order of the Court.".Senior Counsel N Hariharan with Advocates Varun Deswal, Punya Ekha Angara, Prateek Bhalla and Amit Punj appeared for Singh. Senior Counsel Vikas Pahwa with Advocates Siddharth Satija and Akash represented the complainant. Additional Public Prosecutor Anil Kumar argued for the State..[Read Order]