A.B. SHAH Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) ANTICIPATORY bail application filed by A.B. Shah, is moved by Sri P.P.N. Roy, learned senior counsel for the petitioner and opposed by Sri Jai Prakash, learned senior counsel for the Complainant.

(2.) IT is alleged that complainant had entered into an agreement with M/s Champagne Indage Ltd. for being appointed as a C&F Agent of the said Company. It is also alleged that in view of the assurance given by the representatives and other executives of the Company, complainant deposited security money. It is further stated that business of complainant with the aforesaid Company continued from December 2006 to March 2009. From perusal of complaint petition, I find that during that period complainant has no grievance against the said Company. However, after 31st March, 2009 agreement expired due to efflux of time. Thereafter, no renewal of aforesaid agreement took place. It is further alleged that after termination of the agreement about Rs. 50,00,000/of complainant remained outstanding with the aforesaid Company, which had not been returned by the Company even on several request made by the Complainant. It is further stated that later on complainant came to know that the Company and its executives were trying to leave India by cheating several persons including the complainant. Hence, the present complaint petition filed.

(3.) ACCORDINGLY , it is submitted that petitioner may be enlarged on anticipatory bail. It is submitted by learned Counsel for the complainant that complainant had entered into agreement with the Company in question on the assurance given by the representative, Chairman and Directors of the Company that on the termination of agreement entire security money will be returned. It is submitted that admittedly agreement was after 31st of March, 2009, therefore, as per the said agreement, petitioner and Company are required to returned the aforesaid money to the complainant. It is submitted that the Company had acknowledged vide Annexure1 to the counter affidavit that in the credit of Company a balance of Rs. 43,87,895/is outstanding in the name of complainant. Thus, it is submitted that as per the said admission, petitioner and the aforesaid Company is liable to pay the said amount. Accordingly, it is submitted that unless the petitioner and/or aforesaid Company pay aforesaid amount to the complainant, petitioner is not entitled to get anticipatory bail from this Court.