RAMWATI AWASTHI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present petition has been filed under Section 439 of the Code of Criminal Procedure, 1973 (for short 'Cr. P.C.') for grant of bail pending trial to the petitioner, in FIR No.396 dated 09.10.2016, under Sections 420, 409, 506, 120-B of the Indian Penal Code, 1860, registered at Police Station Rai, District Sonepat.

(2.) Above FIR was registered on the basis of complaint made by Abhineet Sharma being authorised representative of the company, namely M/s P.S. Health Care, HSIIDC, Rai, with the allegations that their company used to purchase poultry feed as well as supplements from Biomass Research and Technical Solution Pvt. Limited, Kanpur (for short 'BR&TS Pvt. Ltd.') and regular payments were made in lieu thereof by way of cheques to one Sumit Awasthi (son of the petitioner). He used to give the receipts/bills for the payments received on behalf of the BR&TS Pvt. Ltd. In January 2015, BR&TS Pvt. Ltd. did not supply the goods to complainant's firm, therefore, upon inquiry, it was revealed that no payment have been received on account of the earlier purchase by the complainant and due to that, further supply was discontinued. It was found that although complainant had made the payments by way of cheques to said Sumit Awasthi, but he misappropriated the same as the cheques were credited in favour of their own firm namely, M/s Biomass Research and Technical Solutions (for short 'BR&TS'). Thus, both mother (petitioner) and son in connivance with each other have misappropriated crores of rupees of BR&TS Pvt. Ltd. while opening their bogus firm namely, 'BR&TS' under a deception. Both the accused have started their firm resembling to BR&TS Pvt. Ltd. while withholding the suffix 'Private Limited' to their firm. It is further alleged by the complainant that Sumit Awasthi and his mother in order to deceive the innocent persons received cheques for the goods supplied to them by BR&TS Pvt. Ltd., but Sumit Awasthi got deposited the cheques in the account of their fake firm instead of crediting the same in the account of original company. In this way, both of them have misappropriated an amount of Rs. 1,56,300/- of complainant's firm. Owner of the complainant's firm also received a phone call from Sumit Awasthi with the threat to kill him in case, he helped BR&TS Pvt. Ltd. in any manner or tried to give any information in this regard. Further alleged that many persons have also got registered other criminal cases against said Sumit Awasthi as well as his mother.

(3.) Contends that petitioner has been falsely implicated in this case as she has not committed any offence directly or indirectly. Further contends that BR&TS Pvt. Ltd. is jealous with her son on account of business rivalry for manufacturing and marketing poultry feed (MURGI DANA) supplement, therefore, they got the present false case registered as a pressure tactics. Also contends that petitioner is 68 years old lady suffering from various ailments.