BHANU KUMAR Vs. STATE OF CHHATTISGARH THROUGH

JUDGEMENT

(1.) Applicants have filed this bail application under Sec. 438 of Cr.P.C. apprehending their arrest in connection with Crime No.27/2021 registered at Police Station 'Sargaon, Distt -Mungeli, (CG), for commission of offence punishable under Sec. 406 read with Sec. 34 of the Indian Penal Code.

(2.) Case of the prosecution, in brief, is that applicants, who are relatives of complainant, were working with complainant in her petrol pump running in name of Bharti Fuels, Sargaon. In the year 2013, Indian Oil Corporation Limited issued an advertisement for allotment of Gas Agency. Present applicants shown their intention to take gas agency and asked complainant to extend financial help, and in-turn, they will give her appropriate profit. Complainant, came in words of applicants and extended loan of Rs.35.00 lacs after entering into agreement that until loan amount is refunded, she will operate Gas Agency. Applicants have purchased land for which also she extended loan of Rs.12.00 lacs out of which, 18 decimal land was purchased in name of applicant No.1 and 6 decimal land was purchased in name of complainant. Gas Agency came in operation in the month of February 2015 and thereafter complainant was managing the affairs of gas agency. But suddenly possession of gas agency was taken up the applicants in the month of January 2018. Applicants have cheated and misappropriated the fund handed over by complainant. Based upon complaint, instant crime is registered against present applicants.

(3.) Learned counsel for the applicants submits that it is not in dispute that applicants are uncle and aunt of complainant. It is also undisputed fact that after issuance of advertisement, applicants have shown their interest of taking gas agency for which they have taken loan of Rs.35.00 lacs. At the time of taking loan amount, written agreement was executed between the parties in an ordinary paper and applicants abided conditions of agreement. As per agreement loan amount is to be returned to complainant with interest at the rate of 12% per annum. As per agreement, complainant herself operated the gas agency for a period of 3 years and has taken profit, which is appearing from balance sheet enclosed alongwith application for taking documents on record, which comes to Rs.3,23,705.00, Rs.5,90,000.00 and Rs.6,21,042.00. It is also pointed out that as per agreement she was to run gas agency for the period of one year but she has operated for a period of 3 years. The property handed over to complainant is owned by applicants as gas agency and the land upon which gas agency was constructed is in name of applicant No.1. It is applicants, who took over their own business for which license by the Indian Oil Corporation Limited was issued in their name. Hence, offence under Sec. 406 of Cr.P.C would not be attracted. If at all complainant was aggrieved is only with respect to refund of the loan amount which is dispute of civil nature but only to make pressure upon applicants, instant crime is got registered against them. It is further pointed out that with respect of amount of Rs.12.00 lacs at the time of entering into agreement of handing over the loan, applicants have handed over two cheques to complainant but due to financial crises cheques were dis-honoured for which complainant has lodged complaint under Sec. 138 of the Negotiable Instruments Act, 1881 before the Court of competent jurisdiction on 11/10/2018 before filing of report to concerned Police Station. In the said complaint, there is no such allegation levelled against applicants of misappropriating funds etc. As per written report filed before the concerned Police Station she was operating the gas agency upto January, 2018 whereas complaint under Sec. 138 of the Negotiable Instruments Act was filed on 11/10/2018, which shows that report has been lodged with ulterior motive only to make pressure upon applicants and trying to convert civil litigation into criminal act against applicants.