ASHISH SHAH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The applicant has preferred this bail application for grant of anticipatory bail as he apprehends his arrest in connection with Crime No.258/2021, registered at Police Station City Kotwali District Raipur for offences punishable under Ss. 409, 420, 467, 468, 471 and 120-B of the IPC.

(2.) Case of the prosecution is that the applicant is a Chartered Accountant and Company Secretary engaged in the profession of teaching students who aspire to become Chartered Accountant. The complainant is the Managing Director of a Coaching Institute for CA and CS titled as J.K. Shah Education Private Limited. The said company opened a Branch for imparting coaching for CA and CS at Raipur in the year 2019. Mr. Abhinandan Bafna was appointed as the Branch In-charge at Raipur, who was responsible for managing the affairs of the said Institute like admission, fee collection etc. Allegation against the present applicant is that several students opted for coaching in the complainant 's Institute for which the fee collection was done by said Abhinandan Bafna. The company raised a doubt in the accounts in the month of November, 2020 and sought for collection report and other details of the account from said Abhinandan Bafna. The said Abhinandan Bafna replied vide his e-mail dtd. 12/12/2020 stating that a sum of Rs.1,11,93,911.00 has been received from the students through various modes, which was doubted by the Company. It is alleged that many students have directly deposited the fee in the personal account of said Abhinandan Bafna and thereby it is further alleged that the said Abhinandan Bafna committed financial irregularities and also prepared various forged bills for merchants ' payment and embezzled huge amount of money by getting the same deposited in his personal account and forged receipts in the name of Company were issued. Alleging aforesaid irregularities, the Managing Director of the company namely, Mr. Jitendra Shah (complainant) lodged an FIR against the said Abhinandan Bafna.

(3.) Learned Senior counsel appearing on behalf of the applicant would submit that the present applicant has neither been named nor anything has been alleged against him in the FIR. The first notice against the applicant was issued on 22/12/2021 under Sec. 91 CrPC. The notices issued were challenged by filing WP (Cr) No.15/2022 on 3/1/2022 and WP(Cr) No.135/2022 on 27/1/2022 for quashing the said notices. The complainant has a long history of filing vexatious and frivolous litigation against the ex-employees and former lecturers of the complainant 's company for harassing them. The applicant was working with the complainant from the year 2009 to 2020, initially in the capacity of Chief Operating Officer and thereafter as CEO from April, 2020. However, the role of the applicant was very limited. Form DIR-12 and Form MGT-14 are the mandatory documents to be filed before the company for appointment as CEO, however, the said requirement was not complied with. The applicant never signed any agreement with the Company and was always entitled to start his new business. In the end of October, 2020, the applicant and his wife founded a company viz. EDNOVATE Education Private Limited with an intention to provide quality education to the students aspiring to become CA. So the applicant resigned from the complainant 's company from 4/10/2020. After formation of new concern by the applicant, some of the lecturers voluntarily inclined to join the applicant 's company. So the complainant with a view to restrain the applicant 's business filed a Commercial IP Suit No.25/2021 before the Hon 'ble High Court of Bombay and also lodged the FIR against the applicant under Sec. 408 of the IPC at Andheri Police Station, Mumbai vide FIR No.872/2020. A separate suit was also filed by the complainant against Dhawal Purohit for recovery of Rs.49,54,000.00 before the Bombay City Civil Court bearing Suit No.4234/2020 and also lodged FIR against Dhawal Purohit under Sec. 408 of the IPC. The complainant had threatened to initiate multiple proceeding against the applicant and Mr. Dhawal Purohit before the various Courts and also in different Police Stations all over India.