SAGAR GAUDANI Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose off a petition filed on behalf of Sagar Gaudani seeking grant of anticipatory bail in a case registered vide FIR No.72 dated 15.5.2020 under Sections 406/420 IPC at Police Station Sector 37, District Gurugram.

(2.) The FIR in question was lodged at the instance of Supriya Arora wherein it is alleged that on 7.5.2020, she contacted Sagar, who claimed himself to be a partner of M/s Rythm Divine Healthcare, Ahmedabad on his mobile phone No.9374540857,which deals in face masks as the complainant was interested in purchasing face masks on account of spread of pandemic COVID-19. The complainant's husband Abhisek Verma was also having business of surgical equipment under the name and style of S.P. Surgical Equipment, Chennai. Since the complainant and her husband were scared to have any business dealing in Ahmedabad as they did not know anybody out there, Sagar introduced them to one Ashish in Gurugram stating that Ashish is his business partner. The complainant sent their associate Jaipreet Singh to meet Ashish and to inspect the stock at the site where he met Ashish and Rajat Deep. However, Ashish and Rajat Deep told Jaipreet that some token money would be required before inspecting stock and making video of the stock. When Jaipreet again met Ashish, he paid an amount of Rs. 4 lacs in cash and after taking the money, Ashish took Jaipreet to residence of Rajat Deep who was residing in Dwarka. Jaipreet made a video of the stock lying therein. Rajat Deep told Jaipreet that they have received an amount of Rs. 4 lacs and that the balance amount is to be paid in the account of M/s Rythm Divine Healthcare through Vishal and Sagar. Consequently, the complainant transferred another amount of Rs. 2 lacs from her personal savings account. Later, on 8.5.2020 and 11.5.2020, more amount was transferred in the account of M/s Rythm Divine Healthcare from current account of company of complainant's husband M/s S.P. Surgical Equipment and as such a total Rs. 44,60,000/- was transferred to the account of M/s Rythm Divine Healthcare, Ahmedabad. Thus, in all an amount of Rs. 86,025/- remained unpaid. Accordingly, the complainant sent her transport person to the site from where the stock was to be collected but the accused totally denied having received any money and did not give any masks. The complainant alleged that Rajat Deep claimed to be highly influential and had been threatening her and his father was a retired Commissioner and that he has good links with higher officials. The complainant, thus, alleged that Rajat Deep, Ashish, Vishal and Sagar had all cheated her and had deprieved her of huge money on the pretext of giving stock of face mask but they neither give the face mask nor had refunded the money.

(3.) The learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in the present case and that the only allegation against the petitioner even as per the FIR is that the complainant on her own accord had made a telephonic call to the petitioner Sagar Gaudani and that the petitioner had introduced the complainant and her husband to one Ashish. The learned counsel has submitted that he is merely a broker/mediator who gets commission on sales-leads from manufacturers and that he is not a parner of any firm in question. It has been submitted that there is no allegation whatsoever as regards payment of any amount to the petitioner Sagar Gaudani and that the complainant had been meeting and interacting with Ashish and had paid an amount of Rs. 4 lacs in cash to him and had allegedly later transferred amount of Rs. 44,60,000/- on the asking of Ashish in the account of M/s Rythm Divine Healthcare, Ahmedabad out of which a substantial amount of Rs. 41 lacs, in any case, was further transferred by M/s Rythm Divine Healthcare to Rawdolate Company belonging to Ashish. It has been submitted that the petitioner cannot be said to be beneficiary in any manner and as such, deserves the concession of bail.