JUDGEMENT
Vikas Bahl, J. -
(1.)Prayer in the present petition filed under Sec. 439(2) of Cr.P.C. read with Sec. 482 of Cr.P.C. is for cancellation of pre-arrest bail granted to respondent Nos.3 to 5 vide order dtd. 1/10/2020 (Annexure P- 11) by the Sessions Judge, Rewari in FIR No.63 dtd. 17/2/2020 registered under Ss. 420, 406, 120-B and 34 of the Indian Penal Code, 1860, at Police Station Dharuhera, District Rewari (Annexure P-2).
(2.)The petitioner had got the abovesaid FIR (Annexure P-2) registered on the allegations that he was one of the Directors of M/s Yashu Iron Private Limited and that respondent Nos.3 to 5 i.e. Amit Sureshmal Lodha, Sureshmal Lodha and Indu Lodha respectively alongwith M/s Indsur Global Limited, had themselves admitted in the letter dtd. 20/11/2019 that the Board of Directors of the abovesaid company has been suspended by the National Company Law Tribunal (hereinafter to be referred as "the NCLT") vide order dtd. 24/9/2019 but, however, in spite of the same, they had placed two purchase orders on 17/10/2019 amounting to Rs.68,44,000.00 and Rs.34,22,000.00 respectively and had also signed two post dated cheques with regard to the same. It is further alleged that even prior to 24/9/2019, three different purchase orders have been placed by the accused persons with the complainant-company and the payment regarding the same had not been made. Although, supplies with respect to the same had been made. It has been alleged that the accused persons had the intention of cheating which fact was clear from placing of the two purchase orders dtd. 17/10/2019 after the appointment of the Interim Resolution Professional (hereinafter referred to as "IRP") on 24/9/2019 by the NCLT, Mumbai. It is further alleged that the accused persons had never informed the complainant or his company regarding the matter pending before the NCLT, Mumbai and that Sec. 14 of the Insolvency and Bankruptcy Code, 2016 clearly puts a complete bar on the company or its directors to enter into or do any transaction for and on behalf of the company in question. It is also alleged that post dated cheques were issued and the material was supplied with respect to purchase orders prior to 24/9/2019.
(3.)Sessions Judge, vide a detailed order dtd. 1/10/2020, which has been impugned in the present petition, granted the concession of anticipatory bail to respondent Nos.3 to 5 herein. A perusal of the said order would show that it was observed that immediately when respondent Nos.3 to 5 came to know the actual impact of the order dtd. 24/9/2019, they cancelled the two purchase orders dtd. 17/10/2019 and no goods were ever supplied in pursuance of the abovesaid two orders, to them or to the company in question. It was further observed that the accused persons never placed any orders after passing of the order dtd. 24/9/2019 except the two purchase orders dtd. 17/10/2019 which were cancelled. It was also observed that the complainant company had already filed the claim before the NCLT and all the documents relating to the transaction are in the office of company which has been taken over by the IRP and are under his control and custody. It was further observed that respondent Nos.4 and 5 herein are more than 70 years of age and were not even the active Directors of the company and that the whole case was based on documentary evidence and, therefore, the custodial interrogation of the petitioners/respondent Nos.3 to 5 herein was not required and thus, the concession of anticipatory bail was granted to respondent Nos.3 to 5 herein,subject to the condition of furnishing bonds to the satisfaction of the Investigating Officer/Arresting Officer and with a further condition that they shall not leave the country without the prior permission of the Court and they shall not make any inducement/threat/promise to any person acquainted with the facts of the case and shall join further investigation as and when required.
Aggrieved against the abovesaid order, the complainantJoginder Singh, has filed the present petition for cancellation of the prearrest bail granted to Respondent Nos. 3 to 5 herein.
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.