High Court Punjab-Haryana High Court

Satish Kumar Gupta & Another vs State Of Punjab on 21 October, 2009

Punjab-Haryana High Court
Satish Kumar Gupta & Another vs State Of Punjab on 21 October, 2009
 CRM No. M-21030 of 2009                                  1




    IN THE HIGH COURT FOR THE STATES OF PUNJAB &
              HARYANA AT CHANDIGARH.

                                CRM No. M-21030 of 2009 (O&M)
                                Date of decision: October 21, 2009


Satish Kumar Gupta & another                          ...Petitioners

                             Versus

State of Punjab                                       ...Respondent
CORAM:       HON'BLE MR. JUSTICE RAJAN GUPTA

Present:     Mr. Tribhuwan Singla, Advocate with

Mr. Arihant Jain, Advocate, for the petitioner.
Mr. Shailesh Gupta, DAG, Punjab.

Mohd. Salim, Advocate, for the complainant.

Rajan Gupta, J (oral).

This is a petition under Section 438 Cr.P.C. seeking pre-

arrest bail in a case registered against the petitioners under Sections 420,

406, 120-B IPC at Police Station Division No.6, Industrial Area,

Ludhiana City, vide FIR No.114 dated 11th July, 2009.

The FIR was lodged by one Mohd. Anwar, Director of M/s

Indkasn Furnace F.M. Steel Alloys Pvt. Ltd. According to the

allegations in the FIR, an order for supply of scrap was placed with S.B.

Investment Limited in U.K. In lieu of the order, $ 15000 were given as

advance money. Thereafter, four containers of scrap were sent to
CRM No. M-21030 of 2009 2

Dryport at Ludhiana. On checking of the said containers, it was found

that the same did not contain iron scrap but merely earth, in other words,

very low quality of scrap. A total payment of $ 35006, which comes to

Rs.17,55,796.70 P. in Indian currency, was made to the petitioners.

According to the allegations, the petitioners from the very beginning,

had an intention to play a fraud with the complainant and never intended

to supply the scrap as per specification.

Learned counsel for the petitioners has argued that the

entire payment was made to S.B. Investments Ltd. in U.K. and the

petitioners are not concerned with the deal in any manner. According to

the counsel, the goods were also supplied by S.B. Investments Ltd. and

thus petitioners do not figure in the transaction. Learned counsel has

also referred to document, Annexure P-9 to show that S.B. Investment

Ltd. was directly corresponding with the complainant.

Learned counsel for the State has, however, submitted that

the petitioners are in fact owners of the aforesaid S.B. Investment Ltd.

The same is managed by their son-in-law. According to the counsel,

there is evidence to show that the petitioners were directly involved in

the transaction and have defrauded the complainant. Learned counsel

further submits that custodial interrogation of the petitioners is

necessary to take the investigation to its logical end.

I have heard learned counsel for the parties and given

careful thought to the facts of the case.

After notice of motion was issued in this case, counsel for
CRM No. M-21030 of 2009 3

the complainant also put in appearance. On the request of counsel for

the parties, the matter was sent to the Permanent Lok Adalat of this

court to explore the possibility of settlement of the dispute as the parties

appeared to have business transaction between them. However, the file

was returned as the parties failed to resolve the dispute amicably.

From the allegations levelled in the FIR, it appears that

order for supply of steel scrap was placed with S.B. Investment Ltd. in

U.K. The scrap, which was delivered, was in fact of much inferior

quality. The instant FIR was thus lodged on the allegation that the

petitioners had cheated the complainant. The argument of the counsel

for the petitioners that the petitioners have no connection with the

transaction, appears to be devoid of force. During the course of

arguments, the counsel for the complainant also assisted the court and

showed certain proformas of Invoice, ostensibly signed by petitioner

No.2 in respect of the transaction in question. A perusal of the case

diary of the Investigating Officer, which was retained by the court, also

shows that the said invoice is on record. There are certain other

documents collected by the investigating officer which show that the

transaction was with S.B. Investment Ltd. It cannot be said at this stage

that the petitioners have no concern or connection with the firm S.B.

Investment Ltd.

Under the circumstances, the petitioners are not entitled to

concession of pre-arrest bail. There being direct allegation against the

petitioners of cheating and fraud, the prayer for anticipatory bail is
CRM No. M-21030 of 2009 4

devoid of merit and is hereby rejected. The petition is accordingly

dismissed.

The case diary be returned to the Investigating Officer.

(RAJAN GUPTA)
JUDGE
October 21, 2009
‘rajpal’