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Rajasthan High Court · body

2017 DIGILAW 1726 (RAJ)

OM PRAKASH AGARWAL v. STATE OF RAJASTHAN

2017-08-03

PANKAJ BHANDARI

body2017
ORDER : Pankaj Bhandari, J. Petitioners have filed this bail application under section 438 of Cr.P.C., 1973 2. F.I.R. No. 145/2016 was registered at Police Station Sadar, Jaipur for offence under Sections 420, 409, 384 and 120-B I.P.C. 3. It is contended by the counsel for the petitioner that the petitioner is only an agent. The material was supplied to Kamal Sponge worth about Rupees three crores out of which payment of more than one crore was made and Rs. 1.89 was outstanding. It is contended that the petitioner has no liability to pay the amount. 4. It is also contended that the material was supplied way back in 2012-2013 and the criminal proceedings have been initiated to recover time barred debt. It is contended that the petitioners have filed company petition wherein they are demanding Rs. 5 crore from Kamal Sponge Steel & Powery Ltd. 5. Counsel for the complainant has opposed the bail application. His contention is that the petitioners issued cheques which were dishonored and to avoid the proceedings under section 138 of the N.I. Act. They wrote a letter to the complainant that Kamal Sponge Steel & Power Ltd. would pay the amount. 6. Counsel for the complainant has shown letter dated 14.5.2013 wherein the petitioners have written to Kamal Sponge Steel & Power Ltd. to directly pay the outstanding amount to Maruti Products Pvt. Ltd. 7. I have considered the contentions. 8. The amount in dispute pertains to the year 2012-2013. The cheques were dishonored way back in the year 2013. The present FIR has been filed after delay of three years on 23.4.2016. The present criminal proceedings have been initiated to recover the amount which was outstanding way back in the year 2012-2013. Hence, I deem it proper to allow the bail application. 9. The Anticipatory Bail Application is allowed. The S.H.O./I.O./Arresting Authority, Police Station Sadar, Jaipur in F.I.R. No. 145/2016, is directed that in the event of arrest of the petitioners they shall be released on bail, provided he furnishes a personal bond in the sum of Rs. 50,000/- with two sureties in the sum of Rs. 25,000/- each to his satisfaction on the following conditions:- (i). that the petitioners shall make themselves available for interrogation by a police officer as and when required; (ii). 50,000/- with two sureties in the sum of Rs. 25,000/- each to his satisfaction on the following conditions:- (i). that the petitioners shall make themselves available for interrogation by a police officer as and when required; (ii). that the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or any police officer, and (iii). that the petitioners shall not leave India without previous permission of the Court.