TEJAS LALIT SONI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. Ghag, learned Advocate for Applicant; Ms. GajareDhumal, learned APP for Respondent No.1 - State and Mr. Malik, learned Advocate for Respondent No.2 / Intervener - First Informant.

(2.) This Anticipatory Bail Application is filed under Sec. 438 of Code of Criminal Procedure, 1973. Applicant apprehends arrest since he is named in FIR bearing No. 1448 of 2024 dtd. 21/12/2024 registered with Amboli Police Station for offences punishable under Ss. 420 and 409 of the Indian Penal Code, 1860 (for short "IPC"). The FIR was transferred to Economic Offences Wing (EOW) Unit - 5, General Cheating III, Mumbai and re-numbered as CR No.74 of 2024.

(3.) Prosecution case emanates from the version narrated by Respondent No.2 - Complainant in the FIR. The version initiates in the backdrop of a Sole Selling Distribution Agreement dtd. 8/6/2023 ("Agreement" hereinafter) the terms of which, according to Prosecution, have been breached by Applicant. This breach led to termination of the Agreement by the counter party - Hunnar Jewels (Hereinafter "the Company") on 7/11/2023. There was a Novation of Contract in May 2024 between parties. According to Complainant, there was breach committed thereafter. Prosecution asserts that Applicant was obligated, post to return back the gold stock received by him under terms of the Agreement / Novation back to Complainant Company. Prosecution alleges that Applicant refrained from returning back the balance gold stock and misappropriated the same. This led Respondent No.2 (CFO of the Complainant Company) to lodge the FIR on 21/12/2024. Charges are under Ss. 409 and 420 of the Indian Penal Code 1860 (for short "IPC").