SACHIN KUMAR SARAF Vs. STATE

JUDGEMENT

(1.) THIS is a petition for grant of anticipatory bail filed by the petitioner in respect of FIR No. 14/2008 under Section 406/420/120b IPC registered by Economic offences Wing, Crime Branch, Delhi.

(2.) BRIEFLY stated the case of the prosecution is that the petitioner is alleged to have been a Director of a company by the name of M/s Laurel Wood Pvt. Ltd. and he along with the co accused had cheated the complainant to the tune of rs. 3. 5 crores by inducing them to make payment in advance on the representation that the said payment would be made to certain party who would supply the Tea to the complainant party. It has transpired that no such Tea was supplied to the complainant party and the money was deposited in certain companies where from the same was withdrawn by the petitioner and his co-accused to their own advantage.

(3.) THE contention of the learned counsel for the petitioner is to the effect that there is Memorandum of Settlement arrived at by the petitioner with the respondent on 23. 4. 2009 according to which the petitioner has agreed to pay certain amounts to the respondent/complainant in terms of the said agreement. According to the said agreement, it is contended by counsel for the petitioner that he has already paid approximately a sum of Rs. 33 lacs to the respondent/complainant while as for the balance amount of Rs. 8 lacs which was to be paid by the petitioner to the respondent, he is prepared to pay the post dated cheques today in Court to the respondent/complainant.