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 PVT.LTD
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 PVT.LTD
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 PVT.LTD.

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.

10.That 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.

11.That 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

12.That 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.

13.That 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.

14.That non appearance of applicants/petitioners are neither

intentionally nor deliberately but due to reasons stated

herein above.
15.That the petitioners/applicants are ready to pay the balance

amount of dishonored cheque with due permission of this

Hon’ble Court.

16.That the petitioners/applicants are ready to furnished a

sound surety with due permission of this Hon’ble Court.

17.That the applicant undertakes not to misuse the bail and he

also undertakes to abide by the terms of the bail orders.

18.That 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