BASANT KUMAR AGARWAL Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. R. Dubey, learned counsel for the petitioner. Also heard Mr. H. Sarma, learned Additional Public Prosecutor, Assam.

(2.) By this petition filed under Section 438 of the Cr.P.C., the accused-petitioner, namely Sri Basanta Kumar Agarwal has prayed for grant of transit anticipatory bail, apprehending his arrest in connection with Lakhisarai P.S. Case No. 255/2016 registered under Sections 420/406 of the IPC.

(3.) Mr. Dubey, learned counsel for the petitioner, submits that the petitioner is one of the partners of a partnership firm in the name and style of "Laxmi Narayan Sales Corpo-ration" having its office at Adams Plaza Building,Christianbasti, G.R. Road, Guwahati, Assam dealing in sale and supply of MS Angel Iron, Steel, MS Page No.# 2/3 Flates and square and had business dealings with the informant firm M/s. Balajee Ingot Pvt. Ltd and the latter claimed payment of outstanding dues to the tune of Rs. 12,20,064/- from the petitioner's firm, which the petitioner's firm disputed. According to Mr. Dubey, the dispute is out and out civil in nature, but aforenoted FIR is filed alleging criminal breach of trust and cheating against the petitioner. Mr. Dubey further submits that the petitioner sought for quashing of the FIR in WP(c) No. 7911 of 2016, wherein this court by judgment and order, dated 19.06.2018 quashed the FIR, but on appeal preferred by the informant, the Apex Court, by order, dated 15.04.2019, passed in Criminal Appeal No. 677/2019 partly allowed the appeal setting aside the aforesaid judgment and order of this court which quashed the whole FIR and upheld the issue of jurisdiction of this court over the allegation of offence under Section 406 of the IPC only, but set aside the impugned judgment quashing the FIR, in regard to the offence under Section 420 of the IPC. Mr. Dubey, learned counsel for the petitioner, therefore, contends that interim protection, as prayed for, may be granted until the petitioner can prepare to invoke the jurisdiction of the jurisdictional court.