SUNIL KUMAR ALIAS SONU Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is an Application for Anticipatory Bail under Section 438 Cr.PC on behalf of Petitioner/accused Sunil Kumar alias Sonu in FIR No.738 dated 25.12.2017, registered at Police Station Hodal, District Palwal under Sections 120-B, 406, 420 and 506 of the IPC.

(2.) The gist of the allegations made by the complainant Kashmiri Lal, Proprietor of the Firm M/s Malwia Brothers is that the said Firm is engaged in the business of Cereals and also works as Commission Agent, and that the Petitioner along with one Kare, claiming to be employees of Delhi Based Firm namely 'S.S.Sales Corporation' owned by one Rajesh Kumar approached the complainant for purchase of Paddy on behalf of 'S.S.Sales Corporation'. The deal was finalized between them upon payment after expiry of twenty days. The petitioner and his companion Kare thereafter removed Paddy from the premises of the complainant and transported the same in their Trucks to Delhi. In this manner, 21 Trucks were loaded from the premises of the complainant, the details of which have been separately mentioned in the FIR. On expiry of the agreed period of twenty days, when the complainant demanded payment from the petitioner, he was allegedly assured that the same would be secured from the owner of 'S.S.Sales Corporation'. He thereafter left Hodal on the pretext of going to Delhi for securing such payment, but later on became inaccessible and also switched off his Cell Phone. The complainant thereafter directly approached the consignee 'S.S.Sales Corporation', but was informed that they had no connection with the complainant and that the goods were supplied to them by the Petitioner himself. After realizing the cheating practiced upon the complainant in this manner, the FIR was lodged.

(3.) It may be mentioned that 'S.S.Sales Corporation' in whose favour the consignments of Paddy were sent, happens to be owned by co-accused Rajesh Kumar, who had separately applied for bail, which was granted to him in lieu of the fact that he paid an amount of Rs.35 lacs to the complainant/Firm, which was the balance of the total accumulated amount of Rs.1,32,00,000/- for the total quantity of Paddy supplied, as he had represented that the balance amount of Rs.97 Lacs had been delivered by him directly to the petitioner.