AMIYAKUMAR GAURISHANKAR JHA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Petitioners in both the petitions have preferred these petitions by invoking writ jurisdiction of this Court under Art. 226 of the Constitution of India as well as by invoking inherent powers of this Court under Sec. 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.'). Both the Petitioners were arrayed as accused in the first information report ('FIR') registered at the instance of Respondent no.2 with Amboli Police Station, Andheri, Mumbai vide CR No.188 of 2014. The said FIR was registered on 1st June 2014 for offences punishable under Sections 406, 420 read with Sec. 34 of Indian Penal Code.

(2.) The first informant has alleged in the complaint that he was acquainted with accused no.1 P.P.Dash (Petitionelr in Criminal Writ Petition No.2362 of 2016). Accused no.1 used to provide the work of financial arrangement to Respondent no.2. After some time the accused no.1 left his job and started working with Respondent no.2. It is the case of the complainant-Respondent no.2 that accused no.1, the complainant and the wife of complainant had jointly opened two companies viz. Golden Bricks Corporate Advisors Private Limited and Golden Bricks Infrastructure Private Limited. These two companies were carrying out work of financial consultant only. M/s.Shah Group Builders had approached the said companies for arrangement of financial assistance to the tune of Rs.285 crores. The complainant and accused no.1 had discussions with M/s.Shah Group Builders on several occasions for the purposes of providing financial assistance to them. The said Shah Group Builders had agreed to give commission in lieu of arrangement of finance to them. At that point of time, accused no.1 represented the complainant that he is acquainted with one person namely A.K.Jha (accused no.2) (Petitioner in Criminal Writ Petition No.4846 of 2014), who is running a company named as Regulus Consultants and Advisor Pvt.Ltd. He further stated that the accused no.2 would make an arrangement to help them in providing the financial assistance to M/s.Shah Group Builders. The accused no.2 assured that he will certainly make an arrangement to provide finance to the complainant and the accused no.1 to accomplish the deal with M/s.Shah Group Builders. However, the accused no.2 demanded commission in advance for providing the said financial assistance. He guaranteed that he will provide the loan amount to the tune of Rs.115 crores. He, therefore, demanded commission in advance to the tune of Rs.1.50 crores. The accused no.1 had also represented to the complainant that the accused no.2 will definitely provide the said financial assistance and he guarantees that he would fullfill the promise. Believing the said representations of accused nos.1 and 2, the complainant parted a sum of Rs.1.30 crores to accused no.2. However, the finance was not provided and when the complainant tried to contact accused no.2, his phone was found to be switched off. Later on it was found that the accused no.2 was arrested in some other case. It was also learnt that accused nos.1 and 2 had shared the amount which was parted by the complainant. It is, therefore, the case of the complainant that accused nos.1 and 2 had connived with each other to cheat the complainant. Hence, an FIR was registered with Amboli Police Station for the offences as stated above.

(3.) Both the accused preferred applications for anticipatory bail before this Court viz. Anticipatory Bail Application Nos.1040 of 2015 and 1702 of 2015. During the course of hearing of the said applications, it was submitted before the Court that the accused are settling the dispute by making payment to the complainant. The complainant filed an affidavit during the course of hearing of the said anticipatory bail applications. In the affidavit, it was stated that as per the mutual agreement between the said Applicants and the complainant, the Applicants-accused have agreed to pay a sum of Rs.65 lakhs out of total due amount of Rs.1.30 crores. It was further stated that the complainant has received an amount of Rs.65 lakhs and he has no objection for grant of anticipatory bail to the accused persons. A copy of the said affidavit has been annexed to the Criminal Writ Petition No.2362 of 2016. In view of the settlement between both the parties, the applications for anticipatory bail preferred by both the accused, were allowed by order dated 18th Feb. 2016.