SpiceJet promoter Ajay Singh gets interim protection from arrest, told to join probe in cheating case

While granting protection from arrest to SpiceJet promoter Ajay Singh till March 28, a Delhi court directed him to join the Delhi Police's investigation in an alleged case of cheating [State v. Ajay Singh]..“Considering the totality of facts and circumstances applicant/accused is directed to join investigation on 11.01. 2022 at 1 pm and further as and when called by the IO,” Additional Sessions Judge Vineeta Goyal stated in the order passed on March 9..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“dishonest intentions” issued a “delivery instruction slip” used to facilitate the share transfer, but the same was outdated.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..Senior counsel representing Singh, on the other hand, 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 defense counsel, seeking anticipatory bail, called the dispute that of a civil nature 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..Singh was stated to have not joined the investigation on account of the rising COVID-19 cases and his wife getting infected with the virus at the time.The Court, while grating interim protection, posted the matter for March 28..Senior Counsel N Hariharan with advocates Varun Deswal, Punya Ekha Angara, Prateek Bhalla represented Singh.Senior Counsel Vikas Pahwa with advocates Siddharth Satija and Akash appeared for the complainant.Additional Public Prosecutor Anil Kumar argued for the State..[Read Order]