NEERAJ Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Submissions were made on anticipatory bail application filed under Sec. 438 of Code of Criminal Procedure, 1973. The applicant is being implicated in Crime No.239/2020, registered at Police-Station Annapurna, District Indore (MP) for allegedly committed offence under Ss. 420, 406, 409 and 34 of Indian Penal Code, 1860.

(2.) The prosecution

(3.) The prosecution story in short was that the complainant had lodged a report against Ravi Tiwari and the present applicant - Neeraj that these two persons, purporting to be the Directors of AUBY Satellite Communication Private Limited Company, told the complainant that they are having tie-up with two very big Companies namely; INTELSAT and EUTELSAT for the purposes of providing mobile data which is made affordable to the customers for a fee. The complainant was shown the photocopy of agreement and was told that on investing 32.00 lakh dollars, returns are as much high as 38.00 lakh dollars and, thus, the profit margin would be up-to 8.00 lakh dollars. The applicant thereby allured the complainant to invest the money in their Company and also offered 5% partnership. The complainant was led into parting with Rs.24,84,000.00. Thereafter the complainant sought to see the complete documents of AUBY Satellite Communication Limited and he also came to know that the aforesaid Company had used forged documents to obtain the contract with BSNL. The complainant then sent his resignation and demanded his money back. He was given two cheques which were however dishonoured and thereafter a complaint was lodged by the complainant under Sec. 138 of Negotiable Instruments Act, 1881 (for short 'NI Act').