2020 (10) TMI 531

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....under Section 439 of Cr.P.C was considered which has been filed in respect of crime no.239/2020, registered at police station Anapurna, Indore for allegedly committing the offences under Section 420, 406 and 409/34 of IPC. The prosecution story in short was that the complainant Gaurav Muley submitted a written complaint in police station Anapurna alleging that the present applicant and co-accused Neeraj Shukla had obtained Rs. 27,65,000/- from the complainant by offering a lucrative but fraudulent proposal that the applicant and the co-accused are the owners of a company called Auby Satellite Pvt. Ltd Co. and this company is having tie ups with companies called INTELSAT and EUTALSAT and in collaboration with these companies, the applicant&....

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..... Ltd, he did not indulge in any financial dealings and all financial matters were looked after by the co-accused Neeraj Shukla only. It is submitted that the father of the complainant himself was a director, he had access to complete audit and account of the company, that the intentions of the applicant and the co-accused were not to defraud any person and the delay in starting the work was on account of prevailing Covid 19 Pandemic situation due to which the relevant permission could not be obtained. It has been submitted that though the complainant submits that he was cheated in the year 2018, FIR was alleged filed very belatedly on 27.6.2020 and there is no explanation for such delay. The applicant submits that his bonafides can be seen....

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....o the complainant. It is submitted that the applicant is in judicial custody since 28th June, 2020 and all the documents have been seized by the police. It is also stated that the applicant suffers from Neurological disease and is undergoing regular treatment since year 2006. On these grounds bail has been sought. Learned counsel for the objector and the learned counsel for the State were heard who have vehemently opposed the bail application. Regarding delay in lodging FIR, it has been mentioned that prior to lodging the written complaint in the year 2018 itself, the complainant had demanded the money back from the applicant in year 2018 itself, which is apparent from the Whats app chat between complainant and the applicant, which forms ....

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....a (M.Cr.C.No.27476/2020) has concluded that there was infact no such agreement executed. The only document submitted by the applicant was a non-disclosure agreement with these companies which does not amount to formal agreement and has no sanctity in law. It has been admitted by the counsel for the applicant that the cheques were indeed given to the complainant. However, it has been submitted that application is pending under Section 138 of N.I. Act and that applicant has appropriate explanation which shall be divulged while defending his case under Section 138 of N.I. Act. It has been stated that the aforesaid cheques were given only for security purposes of the transaction. Despite these arguments the fact remains that applicant admits to....