Company running an ice factory for 25 years on lease. Initially, the agreement was entered between the parties for one year lease with a promise to renew the lease from year to year. The de facto complainant paid Rs.15,00,000/- towards security deposit and agreed to pay Rs.1,80,000/- as monthly rent and he paid the rent upto date till June, 2014. In total, an amount of Rs.1,11,45,000/- was paid. The de facto complainant incurred an amount of Rs.1,85,87,000/- for renovation and installation of the new equipment in the ice factory. When the ice factory was ready for production, electricity supply was not provided. Then the de facto complainant came to know that the said factory was put in blacklist by PVT. On 30.06.2015, one Thomas and Mohandas forcefully entered and illegally transported machines and other valuable items purchased by the de facto complainant by threatening them with dire consequences. The de facto complainant was cheated by the petitioner-A.1 to the tune of Rs.2,97,32,000/-. It is also brought to the notice of the Court that the petitioner-A.1 initially took the subject company on lease from the Vizag Port Trust under the original lease deed. There is no power to the petitioner-A.1 to sub-lease the subject property. It is contended that there is a civil suit in O.S. No.817 of 2015 between the parties pending before the II Additional Senior Civil Judge at Visakhapatnam. As per the material placed on record, there are grave allegations of cheating and dishonest inducement against the petitioner-A.1 to part with huge amounts to the benefit of the petitioner-A.1. The matter requires thorough investigation. Under these circumstances, it is not a fit case to grant anticipatory bail to the petitioner-A.1 under Section 438 Cr.P.C.
