AKASHY GOYAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner namely, Akashy Goyal, has approached this Court in the instant proceedings filed under Section 438 of the Code of Criminal Procedure, praying therein for grant of anticipatory bail in case FIR No.29/2019, dated 17.1.2019, under Section 406 of IPC, registered at police Station, Sadar, District Una, Himachal Pradesh.

(2.) Sequel to order dated 26.2.2019, whereby bail petitioner was ordered to be enlarged on interim bail in the event of his arrest on his furnishing bail bonds in the sum of Rs. 20,000/- with one surety in the like amount to the satisfaction of Investigating Officer, ASI Rajinder Kumar, has come present in Court alongwith the record. Mr. Dinesh Thakur, learned Additional Advocate General, has also placed on record status report prepared on the basis of the investigation carried out by the Investigating Agency. Record perused and returned.

(3.) Close scrutiny of the record/status report, reveals that on 14.1.2019, Principal, Govt. Industrial Training Institute, Una lodged a complaint at police Station, Sadar, District Una, H.P., alleging therein that Industrial Training Institute, Una had placed order with M/s Perfect Furniture and Fabricator, Opposite Professor Colony, Una, run by the present bail petitioner for manufacturing of the desks. As per agreed terms, Industrial Training Institute, Una had given the supply order of Rs.2,32,500/- to the firm of bail petitioner and on 29.8.2018, a sum of Rs. 1, 40,000/- was paid in advance. Subsequently, on 3.10.2018 Industrial Training Institute, Una after completion of the work made complete payment of Rs. 2,32,500/- to the bail petitioner on the basis of the final bill by remitting the amount directly in his bank account. On 5.10.2018, official of Industrial Training Institute, Una found that inadvertently a sum of Rs. 1, 40,000/-, which was paid in advance could not be deducted while making final payment to the bail petitioner and as such, Principal, Industrial Training Institute , Una telephonically asked the present bail petitioner to return sum of Rs. 1, 40,000/- immediately. Record further reveals that bail petitioner while fairly acknowledging the factum with regard to receipt of Rs.1, 40,000/- over and above actual due amount, assured the Principal, Industrial Training Institute, Una to return the aforesaid amount within period of 3-4 days. But since he failed to make the payment despite repeated requests having been made by the Industrial Training Institute, Una, aforesaid complaint having been filed by the Principal, Industrial Training Institute, Una came to be lodged against the present bail petitioner at police Station, Sadar, District Una, H.P. Subsequently, on 17.1.2019 police lodged FIR detailed hereinabove, on the basis of aforesaid complaint and registered the case under Section 406 of IPC against the present bail petitioner.