Loop Telecom, facing trial in a case arising out of the probe into 2G spectrum scam, on Monday moved a Delhi court seeking appropriate directions for referring the matter to Lok Adalat for "settlement" saying the offences alleged against them are compoundable.
Special Central Bureau of investigation (CBI) Judge O P Saini issued notices to CBI and the Department of Telecommunication (DoT) seeking their replies to Loop Telecom Limited (LTL's) plea and fixed the matter for hearing on February 20 next year.
The plea was filed three days after LTL, chargesheeted by CBI along with the promoters of Essar Group and Loop Telecom, had approached the court for an appropriate direction to the Centre for compounding the case.
During the proceedings on Monday, LTL withdrew their earlier plea with liberty to move a fresh application and requested the court to "pass an order referring the present matter to the Lok Adalat for settlement."
Lok Adalat is an alternate dispute resolution mechanism by which the parties involved in civil and compoundable criminal cases try to arrive at a compromise to settle their case. If the concerned parties do not arrive at a compromise, the matter is remanded back to the court for disposal.
In its fresh plea, LTL said "it is fair and reasonable on its part to file the present application seeking reference of the present matter to Lok Adalat even at the present stage of the trial. This is an appropriate case which requires to be referred to Lok Adalat for settlement."
It also said the plea seeking to refer the matter to Lok Adalat for settlement is without any prejudice and by filing the application, the firm is not admitting any of the allegations levelled by CBI in its charge sheet.
"The applicant (LTL) submits that the present application seeking reference of the present matter to Lok Adalat for settlement is without prejudice to the applicant's contention that there is no case made out against the applicant. By making this application, the applicant is not admitting any of the allegations made in the charge sheet," it said.
On December 12, LTL had filed a petition for an appropriate direction to the Centre for compounding the case contending they are "ready and willing to any fair and reasonable terms for compounding the said offence."
It had said they are facing trial for the offence of conspiracy to cheat and the offences are "compoundable".
As per the provisions of the Code of Criminal Procedure (CrPC), offence under section 420 (cheating) of the IPC is compoundable if both the complainant and the accused arrive at a mutual consent.
LTL had said they were granted 21 UAS licences by DoT in 2008 but they have not made any monetary gains and had, in fact, incurred a huge loss and the Supreme Court has already cancelled the licences.
Essar Group promoters Ravi Ruia and Anshuman Ruia, Loop Telecom promoters Kiran Khaitan, her husband I P Khaitan and Essar Group Director (Strategy and Planning) Vikas Saraf are facing trial in the case along with three firms -- LTL, Loop Mobile India Ltd and Essar Tele Holding Ltd. All of them have denied the charges levelled by CBI.
CBI had filed the charge sheet against them alleging they had cheated DoT by using Loop Telecom as a "front" to secure 2G licenses in 2008.
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