SANDEEP KUMAR MEHTA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition filed under Sec. 439 Cr.PC, prayer has been made on behalf the bail petitioner namely Sandeep Kumar Mehta, who is behind the bars since 13/11/2021, for 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.) Respondent-State has filed status report and ASI Satish Kumar, Police Station CID, Shimla, has also come Present with record. Record perused and returned. Close scrutiny of the record as as well as status report made available to this Court reveals that on 19/10/2020, complainant namely Ramlal Chauhan, lodged a complaint at Police Station CID, Shimla H.P., alleging therein that in the year 2015, he had sold 85 apple boxes to Mahasu Apple Trades, Shop No.44, New Sabji Mandi, Solan, proprietor whereof is present bail petitioner Sandeep. Complainant alleged that 85 boxes of apple were sold for Rs.68,500.00, but such payment were never made to him. He alleged that in the year 2015, bail petitioner assured that he would make the payment and as such, again he sent him 324 boxes for total consideration of Rs.2,74,000.00, but till date he is not made any payment and as such, appropriate action in accordance with law, be taken against him. In the aforesaid background, FIR detailed hereinabove, came to be lodged against present bail petitioner and during investigation, Special Investigating Team constituted by the CID for investigating the cases of cheating/fraud committed by various commission agents against apple growers found that present bail petitioner not only cheated the complainant named hereinabove, but other apple growers. As per investigation, present bail petitioner purchased apple crops from various apple growers for sum of Rs.6,78,63120.00 between year 2015-2020, but never made any payment. Though, in some cases, bail petitioner issued cheques, but same were dishonoured and as such, proceedings under Sec. 138 of Negotiable Instruments Act are pending against him in various courts. Since, bail petitioner after lodging of FIR went underground and remained absconded, he could only be arrested on 13/11/2021 and since then, he is behind the bars. Since, investigation in the case is complete and challan stands filed in the competent court of law, present bail petitioner has approached this Court in the instant proceedings for grant of regular bail.

(3.) Mr. Ajay Kochhar, learned counsel representing the bail petitioner, while making this Court to peruse status report/record, submits that allegations of cheating/fraud, if any, committed by the bail petitioner pertains to year 2015, whereas FIR against him came to be lodged in the year 2020 and there is not explanation qua the delay in lodging the FIR. He further submits that mere statement of complainant that he had sold apple boxes to present bail petitioner is not sufficient to conclude the complicity of the present bail petitioner in the commission of offence alleged to have been committed by him, rather for that purpose, appropriate remedy, if any, for complainant as well as other similar situate persons is/was to file Civil Suit in the competent court of law, but they with a view to harass and extort money from bail petitioner has filed criminal proceedings, which are otherwise not sustainable. Lastly, Mr. Kochhar, contended that as per challan filed by CID in the competent court of law, sum of Rs.6,78,63,120.00 is payable by the bail petitioner to various apple growers. He states that save and except persons at Sr. Nos. 29 and 30, Balbir Banta and Jitender Katik, who are commission agents and traders, petitioner is ready and willing to make the payment and to settle the dispute, but for that purpose, he is required to be enlarged on bail. He also submits that there is dispute with regard to liability, if any, of bail petitioner against the persons at Sr. Nos. 29 and 30, which cannot be settled in the instant proceedings.