Himmat Singh Lodha @ Hammad Jain v. State Rep.By

and Crl.M.P.No.17552 of 2023 C.V.KARTHIKEYAN , J.

The petitioner seeks anticipatory bail in Crime No.18 of 2023 registered by the respondent Police for the offences under Sections 120(B), 406 and 420 IPC.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal side).

3.It is the case of the prosecution that the petitioner was working as a Manager. However, the learned counsel stated that he is only a supervisor of M/s.Sri Padmavathi Enterprises, Mumbai. The defacto complainant is doing textile business in the name of M/s.Atlantic Fashion, Tiruppur District. It is stated that the first accused, S.K.P.Sharma from Bangalore had approached the defacto complainant stating that he was acting as an agent for major textile companies at Mumbai and wanted the defacto complainant to supply textile products.

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4.The defacto complainant had also filed an application to intervene. The learned counsel expressed extreme grievance stating that the defacto complainant worked and supplied materials worth Rs.1.67/- crores, believing that the sale consideration for the same would be paid. But unfortunately the invoices, the companies GST receipts were forged and fake documents. It is also the specific case of the defacto complainant that a notice sent had been returned as "No such addressee" and when personal visits were made, there was no company at all as mentioned by the accused persons. It is also stated that cheques issued by the accused had been returned as dishonoured.

5.The learned counsel for the petitioner proclaimed innocence and stated that he is only a supervisor of the company. 6.Investigation can never be completed in the absence of the accused persons. Taking into consideration of the fact that this is a specific case of cheating and also creating fake/forgery documents, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. Consequently, the connected Miscellaneous Petition is 2/4

closed.

11.12.2023 gd C.V.KARTHIKEYAN , J.

gd 3/4

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