MANOJ RASTOGI Vs. STATE

JUDGEMENT

(1.) This petition for anticipatory bail under Section 438 of the Code of Criminal Procedure (hereinafter referred to as "the Code" only) has been moved by the petitioner in case FIR 48/03 registered at P.S. Jahangri Puri under Section 408/420 of the IPC.

(2.) I have heard learned counsel for the petitioner and learned counsel for the State. I have also heard learned counsel for the complainant.

(3.) Briefly stated the facts relevant for the disposal of this application are that the petitioner, who is the proprietor of M/s. K/K. Industries Moradabad, is doing the business of polishing stainless steel-utensils, cutlery, tableware, Kitchenware etc. The complainant, proprietor of M/s Bimla Industries, is running an export oriented unit for the export of cutlery etc. He was getting his cutlery polished from the petitioner. The complainant used to send his goods for polishing to the petitioner and after polishing the same the goods used to be returned back to the complainant. According to the FIR the complainant found that his Accountant Manoj Mittal, one of the accused, who was looking after the accounts and handling the receipt and despatch of goods to the petitioner had colluded with the petitioner with a view to cheat the complainant and had been showing the return of goods from the petitioner falsely in the books of accounts of complainant. Bills No. 697, 706 and 707 in regard to the job work and return of goods after the work were fake and manipulated by Manoj Mittal and the present petitioner. In fact the goods were not received back in the unit of the complainant but documents were falsely prepared to show the return thereof. It was also stated that these goods had been sold by them in the open market and on inquiries the Transporter even had informed the complainant that fake GR's were being obtained from him by Manoj Mittal and the present petitioner.