SANDEEP KUMAR MEHTA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition filed under Sec. 439 Cr.PC, prayer came to be made on behalf of bail petitioner, namely, Sandeep Kumar Mehta, who was behind the bars since 13/11/2021, for the grant of regular bail, in case FIR No. 36/2020, dtd. 19/10/2020, under Ss. 420, 406 and 506 of IPC, registered at Police Station CID, Shimla.

(2.) Pursuant to notices issued vide order dtd. 6/5/2022, respondent-State filed the status report, perusal whereof revealed that on 19/10/2020 complainant, namely, Shri Ramlal Chauhan, lodged a complaint at Police Station, CID Shimla, H.P., alleging therein that in the year 2015 he sold 85 apple boxes to Mahasu Apple Trades, Shop No. 44, New Sabzi Mandi, Solan, proprietor whereof was present bail petitioner Sandeep Kumar Mehta. Complainant alleged that 85 boxes of apple were sold for Rs.68,500.00 but such payment was never made to him. He also alleged that in the year 2015, bail petitioner assured him that he would make the payment and as such, again sent him 324 boxes for total consideration of Rs.2,74,000.00, but the fact remains that no payment ever came to be made to him by the bail petitioner. In the aforesaid background, FIR detailed hereinabove came to be lodged against the bail petitioner, pending investigation, Special Investigating Team (SIT) was constituted by the CID for investigating the cases of cheating/fraud committed by various commission agents against apple growers, wherein it was found that the present bail petitioner not only cheated the complainant named herein above, but other apple growers also. Investigation also revealed that present bail petitioner purchased apple crops from various apple growers havig market value of Rs.6,78,63,120.00 between year 2015-2020, but never made any payment. Though, with a view to discharge his liability, bail petitioner issued cheques but the same were also dishonoured, as a consequence of which, proceedings under Sec. 138 of Negotiable Instruments Act are pending against him in various courts of law. The bail petitioner remained absconded and he could only be arrested on 13/11/2021 and since then he was behind the bars till the time he was enlarged on interim bail vide order dtd. 27/5/2022 enabling him to make the payment to the complainant as well as other persons named in the FIR.

(3.) On 27/5/2022, Mr. Ajay Kochhar, learned counsel representing the bail petitioner, assured this Court that payment of all persons named in the FIR except two persons, namely, Balbir Banta and Jitender Singh Kataik, shall be cleared by the petitioner, provided he is given some time. Having taken note of the fact that these allegations of cheating/fraud, if any, committed by the bail petitioner pertained to the year 2015, but the FIR came to be lodged in the year 2020, this Court enlarged the bail petitioner on interim bail after having recorded his undertaking that on or before the next date of hearing, he would try to settle the matter with all the persons named in the FIR.