PRADIPTO GANGULY Vs. STATE OF HARYANA

JUDGEMENT

(1.) The prayer in the present petition under Sec. 438 of Cr.P.C. is for the grant of anticipatory bail to the petitioner in case FIR No.49 dtd. 1/3/2023 registered under Ss. 406/420/506/120B IPC (Ss. 467, 468 and 471 IPC added later on) at Police Station Industrial Area, Bhiwani.

(2.) The present FIR came to be registered on the complaint of Naresh Kumar Ahuja son of Pannu Ram Ahuja with the allegations that entities controlled by him and his wife had paid a sum of Rs.2.02 crores to M/s MDM Televentures Pvt. Ltd. Gurugram for supply of mobile phone accessories but the same had not been supplied thereby committing the offences in question. The copy of the complaint leading to the registration of the FIR is as under:-

(3.) Pursuant to the registration of the FIR, the complainant was joined in investigation and the records and accounts statements pertaining to Ahuja Enterprises and Vaishno Distribution firms were obtained. The records and accounts statements of 7 accounts of M/s MDM Televentures Pvt. Ltd. were obtained and taken into possession. From the scrutiny of those documents it was found that the co-accused Silka Saloni Biswal, Supriya Nakra, Monish Mittal and Ashok Kumar were the authorized signatories of the company's bank accounts. Tanuj Ahuja, the son of the complainant produced the master data of the accused company M/s MDM Televentures Pvt. Ltd., the list of debtor and creditors, the list of directors of the company and four cheques. From the scrutiny of these documents it was found that the present petitioner was the earlier Director of the Company and is the current Director of the Company. The petitioner had issued two cheques from his personal account in favour of the complainant which had been dishonoured. Co-accused Silka Saloni Biswal, the daughter of the present petitioner was shown as having retired from the Company on 5/4/2022 whereas her signatures were appearing on the cheques dtd. 15/1/2023 and 20/1/2023. These signatures were found to be forged by co-accused Monish Mittal. The signatures of Silka Saloni Biswal were also found appearing on the Distributorship Agreement of M/s MDM Televentures Pvt. Ltd. with Realme dtd. 29/8/2022. Monish Mittal was arrested and recoveries were effected from him. He disclosed that he had forged the signatures of Silka Saloni Biswal on two cheques in favour of the complainant firms for an amount of Rs.39,41,672.00 and Rs.1,60,31,369.00. Accordingly, Ss. 467, 468, 471 IPC were added in the case.