Gautam Bahusaheb Wadekar v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 848 OF 2024 Gautam Bahusaheb Wadekr .... Applicant

Versus

The State of Maharashtra .... Respondent ______ Mr.Dinesh Kadam a/w Pratik Deore, for the applicant. Mr. C.D. Mali, APP for the State/Respondent.

______ CORAM :SARANG V. KOTWAL, J.

DATE : 2nd APRIL, 2024 P.C. :

1.

The Applicant is seeking anticipatory bail in connection with C.R.No. 73 of 2024 registered at Sinhgad Road Police Station,Pune City, on 05/02/2024 under sections 406 and 420 of the Indian Penal Code.

2.

Heard Mr. Dinesh Kadam, learned counsel for the applicant and Mr. C.D. Mali, learned APP for the State. 3.

The FIR is lodged by one Jayantilal Jain. He has stated

that he has a grocery shop by name Pravin Trading Company at Sinhgad Road, Pune. In February 2022, he got acquainted with the present Applicant in connection with his business. The Applicant was residing at Nashik and he was in the business of selling sugar. The Applicant told the informant that he would give sugar at lesser price than the market price. In April 2022, the informant placed an order of 20 tonnes of sugar with the Applicant. For that he paid Rs. 6,55,200/-. The Applicant immediately sent 20 tonnes of sugar. Thus, the informant started trusting the Applicant. The FIR mentions that the informant used to take sugar from the Applicant and used to make regular payment.

4.

There are two allegations in the FIR. The first is about the order placed by the informant for 38 tonnes of sugar with the Applicant on 20/04/2022. For that the informant transferred Rs. 10,50,500/- through RTGS in the account of the Applicant. But the Applicant did not fulfill that order. Thereafter also the informant continued placing order with the Applicant and the Applicant used to supply sugar. The second allegation is about the order for 67 tonnes of sugar placed on 11/07/2023. The Applicant told the

informant to send his vehicle at Dudhganga Vedhganga Sugar Factory at Bidar. The informant sent his truck from Shriram Transport, Karad. The Applicant sent dispatch orders for 32 to 35 tonnes respectively for two vehicles MH-10-CQ-5488 and MH-50N-1221. When the truck driver went to the sugar factory with the dispatch order, the sugar factory refused to load the truck with the sugar. They claimed that they had not received the dispatch order. The informant realised that he was cheated and therefore this FIR is lodged.

5.

Learned counsel for the Applicant submitted that there were regular business transactions between the informant and the Applicant and till date there were transactions of more than 9 crores. As far as the allegation regarding the order placed in July 2023 is concerned, the Applicant was cheated by his distributor which is evident from the fact that the Applicant had lodged his own FIR vide C.R. No. 211 of 2023 dated 09/08/2023 at Indira Nagar Police Station, Nashik. In that FIR, he had mentioned that on 11/07/2023 itself, he had placed that order with the distributor having three companies mentioned in that FIR. The said FIR

mentioned that on 11/07/2023 itself the Applicant had sent Rs. 22,24,400/- in their account. Inspite of that, those distributors did not forward the dispatch order of the Applicant. Therefore, he submitted that the Applicant had not misappropriated that amount. The misappropriation was done by the distributors. Therefore, it cannot be said that the Applicant had criminal intention to commit that offence. He had taken prompt action in that behalf.

6.

As far as other allegations of non supply of 38 tonnes of sugar in April 2022 is concerned, he submitted that there is no bank transaction in April 2022 showing receipt of Rs. 10,50,500/- in the Applicant's account. The FIR itself mentioned that even after April 2022, there were normal business relations between the informant and the Applicant.

7.

Learned APP on instructions submitted that the Investigating Officer has coordinated with the other Investigating Officer conducting the investigation in the FIR lodged by the Applicant himself and it has transpired that the Applicant had paid

the amount of more than 22 lakhs to those accused. To that extent, the Applicant's claim is supported. Learned APP further submitted that the sugar factory had not received dispatch order and therefore the offence is committed by the Applicant. 8.

I have considered these submissions. The Applicant himself had lodged his FIR much prior to the point when the FIR against him was lodged. Therefore, it cannot be said that the Applicant's stand was an after thought. In normal business transaction, he had forwarded the amount received from the informant to the distributors, who had committed the fraud. Therefore, there is substance in the submissions of learned counsel for the Applicant that the Applicant did not have criminal intention and that he himself had not gained wrongfully in those transactions. As far as the other allegation is concerned, it can be easily verified through the bank record. Considering these submissions, today the Applicant can be protected by way of interim protection. The Applicant will have to attend the concerned Police station and will have to co-operate with the investigation.

9.

Hence the following order.

ORDER

(I) In the event of his arrest in connection with C.R.No. 73 of 2024 registered at Sinhgad Road Police Station,Pune City, till the next date, the Applicant is directed to be released on bail on his executing P.R. bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one or two sureties in the like amount.

(ii) This order shall operate till 03/ 05/2024.

(iii) The applicant shall attend the concerned Police Station on 17th , 18th and 19th April 2024 between 1.00p.m. to 5.00 p.m. and thereafter as and when called. The Applicant shall co-operate with the investigation. (iv) Stand over to 03/05/2024.

(SARANG V. KOTWAL, J.)