Delhi Court gives relief to top Ford India management

Delhi Court gives relief to top Ford India management

The Court felt that since both the accused held senior posts in Ford India, which had a large business in India, chances of them absconding are ruled out

Two senior officials of Ford India can heave a sigh of relief with a Delhi Court directing the local police not to take any coercive steps against them in a criminal complaint, accusing them of cheating and criminal breach of trust.

"Considering the facts and circumstances I am of the considered view that since both the accused persons are Director and Managing Director of the Ford India and which has a large business in India, hence there is no chance of absconding from the investigation or jurisdiction of this Court," Additional Sessions Judge Rakesh Kumar of Rohini Court said.

The two accused are Ford India's President cum Managing Director Anurag Malhotra and the company's US-based Director David Allan Schock.

Libra Cars, one of Ford India's dealers in New Delhi, had lodged a criminal complaint with the Economic Offences Wing (EOW) of Delhi Police, alleging cheating and breach of trust against the two senior Ford officials. The crux of their complaint was that Ford India had granted dealership to another company within 10 km of their showroom at GT Karnal Road violated the terms of the agreement entered earlier between the two parties. It led to EOW filing FIR against Malhotra and Schock.

Advocate Rohit Kochhar who represented David Allan Schock submitted before the Court that the FIR was a litany of lies, fabrication and deceit, and had been orchestrated by the complainant with the mischievous and unlawful objective of evading his own legal financial obligations towards Ford India.

Kochhar suggested to the Court that the dispute was purely civil in nature and that the FIR failed to disclose any criminality on the part of his client.

Advocate Vijay Aggarwal argued on behalf of Anurag Malhotra pointed out that there was a delay of over 18 months on part of the complainant in the registration of the FIR. He further said that even if proved true, the charges levelled against his client in the FIR were punishable with less than seven years imprisonment. He submitted to the Court that the Delhi Police needed to follow the principles laid down by the Supreme Court.

"Keeping in view the undertaking given by the accused persons to join the investigation either physically or by VC, simultaneously, not deny that investigation is at the initial stage and despite service of three notice under Section 41A Cr.PC and Notice u/s91 Cr.PC, the applicant/accused has not joined or produced the document, hence in the interest of justice, no coercive steps shall be taken against the aforesaid applicants/accused persons till next date of hearing which is March 17th," the Court stated.