KAWALJIT SINGH WALIA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant, who is arraigned in C.R. No.174 of 2017 registered with Cuffe Parade police station, Mumbai for the offences punishable under Sec. 120(b), 406, 409, 418, 420 read with 34 of the Indian Penal Code, 1860 (the Penal Code) has preferred this application for pre arrest bail.

(2.) Gautam Budhrani (hereinafter referred to as the "first informant") lodged a report against the applicant and others with the allegations that the applicant and other Directors of Commando Caterers Private Limited (CCPL), in pursuance of a criminal conspiracy, made a false representation that M/s. Sky High Dinner LLP (SHD), of which the first informant was a partner, would be appointed as a franchisee for hosting the dinner in the sky event at Mumbai and Pune, and the 'Sky Goa Event LLP' would be appointed as a franchisee to host the events in rest of Maharashtra and Goa. The applicant deceived the above named entities by inducing them to part with a huge sum of Rs.6,97,43,268.00 over a period of time commencing from 17/10/2015 to 13/4/2017. The applicant misappropriated the aforesaid amounts and made no arrangement to facilitate holding of the event 'Dinner in the Sky' by the above named entities. For the said event, the above entities were made to incur huge expenses to the tune of Rs.1,46,83,480.00, inter alila, for obtaining requisite permissions from Municipal Corporation and the State Government and also pay the fees to brand ambassadors etc.

(3.) Thus, the applicant Kawaljit Walia and Lakhvir Kaur Walia and Gursimran Singh Walia entered into a conspiracy to defraud M/s. Sky High Dinner LLP (SHD) and Sky Goa Event LLP by making a false representation that the dinner in the sky event would be held in Mumbai, Pune and Goa by a Belgium based company 'Dinner in the Sky' and duped the informant to the tune of Rs.8,44,26,748.00. Upon unearthing the fraud, the applicant flatly refused to repay the amount. Hence, the first informant lodged report bearing C.R. No. 174 of 2017.