(1.) This is the first application filed under Sec. 439 of Cr.P.C. by the applicant who is in custody since 28/5/2021 in connection with Crime No.43/2020 registered at Police Station EOW, Bhopal, Unit Indore for the offence punishable under Sec. 408, 409, 420 and 120B of the IPC.
(2.) The EOW, Unit Indore received complaint No. 194/2020 against the present applicant and three others in respect of cheating, criminal breach of trust, misappropriation, criminal conspiracy with Kissandhan Agri Finance Services Pvt. Ltd. (hereinafter referred to as "KAFSPL" for short) and Sohan Lal Commodities Management Pvt. Ltd. (hereinafter referred to as "SLCMPL" for short). The matter was taken up into investigation and it has been revealed that KAFSPL is a company incorporated under the Companies Act, 1956 having its registered office at New Delhi is engaged in the business of providing credit facilities to various borrowers against the security of pledge on commodities and SLCMPL is a Private Limited company incorporated under the Companies Act, 1956 having its corporate office at New Delhi is, inter alia, engaged in the business of providing collateral management services, testing and certification services, information services and other risk management services for commodities and inventories in the commodity market. There is a collateral management agreement executed on 22/5/2017 between SLCMPL and KAFSPL.
(3.) The applicant being the owner of a godown/warehouse located at Survey No. 47, Shirpur Road, Village Manpur, Tehsil Mhow, District Indore had entered into a lease agreement dtd. 22/12/2017 SLCMPL and handed over the possession of the aforesaid premises w.e.f. 23/12/2017. The said agreement was for a period of 11 months from 23/12/2017 to 22/11/2018 @ Rs. l/- plus applicable GST per month as rent. Another agreement was executed on 5/11/2018 between the same parties for a further period of 11 months at the same rate.