MUKESH SINGH Vs. STATE

JUDGEMENT

(1.) Mukesh Singh petitioner in CRLMM No.343/02 ands Sampat Mukherjee petitioner in CRLMM No.1863/02 have applied for grant of bail under Section 439 of the Cr.PC.

(2.) Both these petitioners are accused in one case therefore, their applications may be conveniently decided by a common order.

(3.) The case was registered on the complaint of one R.N.Govil on 2.9.1998 on the allegation, briefly stated, the cheating of the complainant of a big sum of money by directors and management of M/s.Naturoworth Artificial Energy and Fuels Ltd. The company started its operation around June, 1997, with chairman cum managing director R.s.chauhan, M.D Dr.Rajesh Harsh and Sanjay Singh, Mukesh Singh, Sampat Mukherjee, Smt.Anita Harsh and Smt.lndu Singh as directors. All of them entered into a criminal conspiracy to cheat the complainant and in furtherance of their objective they started visiting the house of the complainant in December, 1997. They painted a rosy picture of their company and the group of companies and allured him to advance a loan of Rs.5 lakhs on 2.1.1998 and Rs.2,50,000/- on 1.2.1998 repayable on 31.5.1998 with 24% per annum interest. They also issued 24 post dated cheques of Rs.2O,000/- each on the total sum of Rs.5 lakhs drawn on their bank. Their company also issued 10 post dated cheques of Rs.25,000/- each. They further fraudulently induced him by depositing some original land papers as security with him for the repayment. Believing their assurances and on depositing the land papers as security the complainant further advanced a loan of Rs.4 lakhs on 1.4.1998 for a period of one year which was repayable with 24% per annum interest in 12 monthly instalments from 1.5.1998. In order to discharge this liability they issued 12 post dated cheques of Rs.37,500/- each. Since May, 1998 the MD R.S.Chauhan, Director Dr .Rajesh Harsh continuously requested him not to present the cheques in the bank for encashment as they were facing some financial crisis but they repeatedly assured that the amount would be paid in 10 days. But the promise was not kept. On 30.6.1998 they assured that the cheques would be cleared on presentation in the bank. The complainant accordingly deposited them in the bank for encashment on 3.7.1998. On 7,7,1998 when all the cheques of the total value of Rs.5 lakhs, 2,50,000/~ and 1,12,5007- i.e. in total Rs.8,62,5007- were dishonoured by the bank and returned with the remark insufficient fund. The complainant approached R.S.Chauhan and Rajesh Harsh but they started hurling abuses when the complainant asked them to return the money. They also gave threats. The company and its directors named above had committed fraud upon him and they cheated him of this money. They have also closed down their office on 5.8.1998 and have run away leaving their houses and offices. Only one of the director Yashwant Kumar was available and he refused to pay.