VISHAL RAMESHBHAI GANDHI Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose off a petition filed on behalf of Vishal Rameshbhai Gandhi seeking grant of regular 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 involved in the present case and that even if the allegations as levelled in the FIR are taken to be correct, still it is borne out that the petitioner had never interacted with the complainant. The learned counsel has submitted that the complainant, on the asking of co-accused Ashish had transferred an amount of Rs.44,10,000/- in the account of petitioner's company i.e. M/s Rythm Divine Healthcare for the purpose of buying Face Masks and the petitioner firm had immediately transferred the amount to the manufacturing firm of Ashish i.e. M/s Rawdolate Company. The learned counsel has referred to account statement of company's bank account from which the following transaction can be discerned :-