Delhi Court directs police to not take coercive steps against Ford India Directors

In a relief for car manufacturing giant Ford India, a Delhi sessions court has granted relief to its President and Managing Director Anurag Mehrotra and US national and Director David Allan Schock. The two directors of Ford who are the accused in the case had filed anticipatory bail applications before the Court of the Additional Sessions Judge.

Hearing their plea, the Additional Sessions Judge Rakesh Kumar of Rohini Court said no coercive steps shall be taken against the applicants/accused persons till the next hearing which is slated for March 17.

The case pertains to a criminal complaint filed by Libra cars [Ford dealer for the GT Karnal Road, New Delhi] with the Economic Offence Wing against Ford India and its senior management, alleging cheating and criminal breach of trust. The complainant claimed that Ford India had violated the terms of the agreement between the parties by appointing another dealer within a radius of 10 km from the complainant's showroom. Based on the criminal complaint, an FIR was filed against the Managing Director and the US-based Director of Ford India.

Advocate Vijay Aggarwal representing Anurag Mehrotra, argued that there was a huge delay of more than 18 months on part of the complainant in the registration of the FIR. the advocate stated that the offences alleged in the FIR were punishable with less than seven years imprisonment, and therefore, the Delhi police were mandatorily required to follow the principles laid down by the Supreme Court.

Whereas, Advocate Rohit Kochhar representing David Allan Schock submitted before the Court that the FIR was a litany of lies, and deceit while adding that it was registered with a mischievous and unlawful objective of evading his own financial obligations towards Ford India. Advocate Kochhar contended that the entire FIR did not disclose any criminality on the part of his client and the dispute was purely civil in nature.

Hearing the parties, Judge Rakesh Kumar opined that both the accused being at the position of directors in Ford India, which is a large business in India, were less likely to abscond from investigation while granting relief to them until the next hearing.

"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," Judge Rakesh Kumar stated.

"....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 41 A 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 order stated.