MUNISH KUMAR ARORA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition has been filed under Sec. 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the petitioner in case FIR No. 0319 dtd. 31/8/2020 (Annexure P-1) under Ss. 406 and 420 of the Indian Penal Code, 1860 registered at Police Station, Kotwali, Faridabad, District Faridabad.

(2.) Learned counsel for the petitioner inter alia contends that the FIR in question has been registered on the basis of a complaint given to the Police by one Khush Nasib leveling allegations against one Paramveer Singh and Munish (the petitioner herein) who had approached him claiming themselves to be Directors and Founders of YRL Group and induced him to obtain franchise of M/s YRL Stores Private Limited by making an investment of Rs.75.00 lacs. It is stated that the complainant was induced by the petitioner that upon investing with them, he will be able to earn Rs.3.5 lacs per month. An agreement was eventually executed between the parties in this regard on 4/1/2018 and he transferred a sum of Rs.75.00 lacs (37.5 lacs in cash and 37.5 lacs has been transferred in Bank Account) of the said Company/Firm on different dates. However, neither any franchise was allotted to the complainant nor the amount in question was returned. On the complainant exerting pressure for refund of his amount, a cheque was issued by the petitioner-accused which was dishonoured upon presentation and that separate proceedings under Sec. 138 of the Negotiable Instruments Act, 1881 already stands instituted by the complainant.

(3.) Learned counsel appearing on behalf of the petitioner further contends that a franchise agreement was executed between the parties, however, the same did not materialize and that the complainant had already instituted proceedings under the Negotiable Instruments Act for the culpable offence of dishonor of the cheque and that the petitioner shall face appropriate proceedings before the Court. He further contends that the investigation in the present case has already concluded and the case is fixed for recording prosecution evidence. There are total of 26 witnesses are to be examined and only 02 witnesses have been examined so far. It is contended that the instant case is a magisterial trial and the petitioner is in custody in the present case since 9/2/2021 and has already undergone an actual custody of more than one year and 04 months.