Applicants sought anticipatory bail in a cheating case over unpaid dues of about Rs.26 lakhs on grape sales worth Rs.50,41,542/-. The Court found prima facie intention to cheat from inception and held custodial interrogation necessary, dismissing all applications.
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2024:BHC-AUG:23844
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
ANTICIPATORY BAIL APPLICATION NO. 199 OF 2024
SANJAY KUMAR SHAHA VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
Mr. V. S. Khanke, Advocate for the applicant Mr. C. B. Badane, APP for the respondent/State Mr. S. R. Zambre, Advocate for the informant
AND
ANTICIPATORY BAIL APPLICATION NO. 201 OF 2024
KALLAM RAM PASWAN VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
Mr. V. S. Khanke, Advocate for the applicant Mr. C. B. Badane, APP for the respondent/State Mr. S. R. Zambre, Advocate for the informant
AND
ANTICIPATORY BAIL APPLICATION NO. 202 OF 2024
KARAN SANJAY SHAHA VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
Mr. V. S. Khanke, Advocate for the applicant Mr. C. B. Badane, APP for the respondent/State Mr. S. R. Zambre, Advocate for the informant
CORAM : R. M. JOSHI, J. DATE : 1st OCTOBER, 2024
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PER COURT :-
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pursuant to the grant of interim relief applicants have attended the concerned police station and cooperate during the investigation. He also made grievance that in fact the informant never appeared before the Investigating Officer is enable the applicants to show the accounts of the transaction. Thus, it is his contention that this being a civil dispute, it is a fit case for grant of anticipatory bail.
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the parties, no offence can be made out. In case there is element of criminality involved in the transaction, there is no embargo to register a crime in respect of the same. In order to attract offence punishable under Section 420 of IPC there has to be evidence to indicate that since inception the accused had intention to cheat. Herein this case the goods worth of Rs.50,41,542/- were sold by the informant against a sum of Rs.24,00,000/- has been paid. Thus, almost half of the amount was still due and payable to the informant by the applicant. In spite of the said fact the applicants have sent the documents as if the entire amount is paid. This Court, therefore, finds substance in the contention of the learned counsel for the informant that there was an intention to cheat the informant since inception of the transaction. There is further evidence on record in the form of transaction amount of Rs.24,00,000/by the applicants to the informant which indicates that the transaction between the parties was for the sale of the grapes against which the payment was to be made by bank transfer. This is not the case of the applicants that other than bank transfer any amount was paid by the applicants to the informant. Thus, it can be safely said that the applicants received goods worth Rs.50 lakhs for less than half price.
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thereon. Similarly, though it is sought to be claimed by applicants that transactions were with others and not only with informant, but the investigation papers do not indicates so. Moreover applicants have not produced any material on record to support such submissions.
ssp
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2 issues framed by the court
Whether anticipatory bail should be granted to applicants apprehending arrest for cheating and criminal breach of trust arising from an unpaid grape-sale transaction.
Whether the dispute is purely civil or involves criminal intent to cheat since inception.
1 provisions across 1 enactments
Sanjay Kumar Shaha
Kallam Ram Paswan
Karan Sanjay Shaha
The State of Maharashtra
R. M. Joshi
As recorded by the court registry
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