Mumbai: Travel company Akbar Travels of India Pvt Ltd has moved the sessions court against a magistrate’s order in December last year rejecting its protest petition against the closure report filed by the police in a cheating case against Jet Airways and its directors Naresh Goyal and Anita Goyal.
The magistrate had later accepted the closure report. In its plea filed in April for revision of the subordinate court’s order, the Akbar Travels has sought that the legality of the order rejecting its protest petition be examined.
The court erred in holding that since it has approached the National Company Law Tribunal (NCLT) against the airline, it cannot file a criminal complaint against it, the plea filed through Advocates Dharmesh Joshi and Parag Joshi of TD Joshi and Associates, has stated.
“The honourable trial court erred in holding that the complainant on the one hand is saying that the accused company was in financial crisis and on the other hand they continued business with the accused company smoothly. If this principle is applied in criminal jurisprudence it will create chaos as any company suffering from financial crisis will not be accused or punished for cheating or forgery done by them,” the plea stated.
It said the finding of the trial court that since the financial statements for the year 2017-18 filed with C-Summary showed that there were losses to Jet Airways, hence it was an open fact that it was in losses, therefore, question of false assurance, misrepresentation and fraudulent inducement to the complainant do not arise, is devoid of legal principle.
The application stated further that the court should have appreciated that the investigating officer by filing the closure report was giving a free hand to high-handed white-collar accused.
Akbar Travels claims it was induced to do business and invest Rs 46 crore in the airline, which was in a bad shape, upon the personal assurances of the Goyals who had promised commissions to the firm from maximum sales. The suspension of flights and resultant cancellations resulted not only in financial losses for it, but also loss of valuable clients.
The Goyals had suppressed the financial status of their airline and created fabricated documents to assure they would pay it back, the firm claims. The firm had to pay agents and customers the fare of cancelled tickets, thus suffering a loss of Rs 46 crore.