ROHITH CHOUDHARY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This petition is filed under Section 438 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking pre-arrest bail to the petitioner/A2 in the event of his arrest in connection with Crime No.244 of 2020 of Gudivada I Town Police Station, Krishna District registered for the offences punishable under Sections 420, 467, 468 read with 34 of the Indian Penal Code, 1860.

(2.) The case of the complainant is that he owns agricultural land. In the year, 2012 accused No.l, who belongs to Kolkata developed acquaintance with the complainant. Accused No.l brought to the knowledge of the complainant that tyre re-cycling business is very profitable business and that he could act as consultant for the said business. Believing the same the complainant started tyre recycling business in the year 2012 and undertook Surya Rubber Industries erection works and obtained factory license. Since 2013 the complainant started attending the factory as work commenced and is taking care of the same. On the advise of accused No.l, the complainant submitted application for I.E.C. license and license was also granted to him. The complainant bore all the expenses but accused No.l without informing the complainant about the license left to Kolkata. The complainant tried to contact the accused No.l but his family members used to inform that the accused No.l is not present in the house. As the complainant has no expertise in the business he has incurred huge loss. Hence, he closed the factory in the year 2015 and also suspended the license relating to the said business. Thereafter in the year 2019 as he received notices from the CTO office the complainant approached said office and the officials questioned him whether he was doing rubber industry business for which the complainant replied that he is not doing the said business and he cancelled the GST. Subsequently the complainant came to know that somebody in Telangana state is running business with the same GST number and is also filing GST returns. On enquiry the complainant came to know that one Rohit Agarwal, petitioner herein is running the business. It is also alleged in the complaint that the accused No.l with an illegal motive sold the license to the petitioner/A2 for huge amount. Basing on the said complaint the present crime is registered.

(3.) Heard Ms.K.Aruna, learned Counsel for the petitioner and the learned Public Prosecutor for the respondent-State.