LAWS(P&H)-2021-7-14

HIMANSHU SHARMA Vs. STATE OF HARYANA

Decided On July 01, 2021
Himanshu Sharma Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) The petitioner has approached this Court seeking grant of regular bail in respect of a case registered vide FIR No.229 dated 26.6.2020 under Sections 420/406/467/468/471 IPC at Police Station Bawal, District Rewari, Haryana.

(2.) The FIR was lodged at the instance of Ravinder wherein it is alleged that he had made inquiries through internet on 'Indiamart Online Business Listing Website' regarding prospective sellers of face masks and pursuant to that he received a telephonic call from Swati Sharma and Arun Kumar, who stated that they were representing M/s Safe Health Enterprises. A deal was struck for sale of face mask and infra red thermometers by M/s Safe Health Enterprises to the complainant. The accused furnished GST number and PAN number and also the address of their godown and accordingly the complainant made a payment of Rs. 12,53,500/- by way of RTGS in the account of M/s Safe Health Enterprises, as had been provided by Swati Sharma and Arun Kumar. However, despite the said payment having been made, the complainant did not receive any delivery of the face masks and subsequently, when he tried to contact Swati Sharma and Arun Kumar their phones were found to be switched off. It is further the case of prosecution that during the course of investigation, it was found that the amount of Rs. 12,53,500/- had been deposited in account No.36467522805 in the name of Usha, resident of Mumreja, U.P. and that from the said account the money has been transferred to various accounts including the account of the petitioner.

(3.) The learned counsel for the petitioner has submitted that he has nothing to do with M/s Safe Health Enterprises and is nowhere named in the FIR and had never ever made any representation for sale of face mask and that the said amount in his account was in fact repayment of some loan amount.