Bombay High Court
Dineshbhai Premjibhai Patel And Anr vs State Of Maharashtra on 4 September, 2024
54-ABA-1482-2023.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
rrpillai CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 1482 OF 2023
1. Mr. Dineshbhai Premjibhai Patel
R/at: Plot No. 1B, Horizon CHSL
Bulk Land No. 09, Durgeshwar Road
Near GaneshTalav, Sector No. 26
Pradhikaran, Nigdi, Pune-411044.
2. Mr. Rajeshkumar Manilal Patel
R/at Flat No. 701, Umiya Residency
Plot No. 77A/1, Spine Road, Sector No. 10
... Applicants
PCNTDA, Bhosari, Pune City- 411026.
Versus
1. State of Maharashtra
At the instance of Ravet Police Station
(Through EOW, Pimpri Chinchwad), Pune.
2. Mr. Nandkumar Bhalchandra Bhondaue
Residing at Survey No. 183, Near Shinde
Vasti Chowk, MIDC Pipeline Road,
... Respondents
Ravet, Pune - 412101.
Dr. Uday Warunjikar i/b. Mr. Vijay Upadhya a/w. Ms. Asha Kanzariya
for the Applicants.
Ms. S. G. Talhar, APP for Respondent No. 1 - State.
Mr. Rohan Hogle a/w. Mr. Sainath S. Garade i/b. Mr. Aadesh Konde
Deshmukh for Respondent No. 2 - Intervenor.
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CORAM : GAURI GODSE, J.
DATE : 4th SEPTEMBER 2024
ORDER :
1. Heard learned counsel for the applicants, the learned counsel for the first informant, and the learned APP.
2. This application is filed to seek pre-arrest bail in connection with CR No. 0186, dated 19 th April 2023, registered with Ravet Police Station, Pimpri Chinchwad, Pune, for alleged offences punishable under Sections 465, 467, 468, 471, 406, and 420 r/w 34 of the Indian Penal Code. The Anticipatory Bail Application filed by the Applicants before the Sessions Court, Vadgaon, Maval, Pune, was rejected on 12th May 2023.
3. Learned counsel for the applicants submits that the applicants and the first informant are partners in a partnership firm. He submits that one of the partners has lodged the present FIR in view of the internal disputes between the partners. He submits that the applicants had filed an application under Section 156 (3) of The Code of Criminal Procedure, 1973, against the first informant making grievances regarding the threats given to the applicants for recovering amounts 2/14 ::: Uploaded on - 05/09/2024 ::: Downloaded on - 05/09/2024 21:41:11 ::: 54-ABA-1482-2023.docx regarding the partnership business transactions.
4. Learned counsel for the applicants submits that by order dated 23rd March 2023, the applicants' application was allowed, pursuant to which an FIR was registered on 29 th March 2023 against the present first informant. He submits that the FIR is registered for the offence punishable under Section 406 of the Indian Penal Code, 1860. He submits that on 31st March 2023, Special Civil Suit No. 751 of 2023 was filed in the Civil Court of Pune on behalf of the partnership firm, i.e. M/s. Polite Buildcon through the partners, including the present applicants. He submits that the suit is filed against one M/s. Samarth Chintamani Properties through partners in which the present first informant is a partner. He submits that another Special Civil Suit No. 296 of 2023 was filed on behalf of M/s Polite Enterprises, a partnership firm through the partner, including the present applicants. He submits that the said suit is filed against M/s. N. B. Bhondve Builders, in which the present first informant is a partner. He submits that the second suit was filed sometime in the month of February 2023.
5. Learned counsel for the applicants further submits that in view of the internal disputes between partners, the first informant lodged the 3/14 ::: Uploaded on - 05/09/2024 ::: Downloaded on - 05/09/2024 21:41:11 ::: 54-ABA-1482-2023.docx present FIR dated 19th April 2023 as a counterblast to the complaints and suits filed by the present applicants along with other partners against the first informant. He submits that the contents of the FIR clearly indicate that the dispute is between the partners regarding the working of the partnership firm and an internal dispute regarding the dissolution of the partnership firm and monetary transactions. He submits that a false complaint is filed against the applicants with an oblique motive to pressurize the applicants and extract money. He submits that in the entire complaint, allegations are regarding suspicious bills based on the Forensic Audit Report. He submits that there is no direct allegation against the applicants. He submits that the dispute between the parties will be decided in the pending civil proceedings. He submits that the first informant cannot use police machinery as an alternative remedy for recovering money by pressurising the applicants. He submits that the contents of the complaint would clearly indicate that a false complaint is filed only to pressurise the applicants and extract money. He submits that the applicants have all along cooperated in the investigation and also complied with all the requisitions.
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6. Learned counsel for the applicants further submits that accused no. 1 was arrested, and a charge sheet was filed against accused no.1. He submits that thereafter, he is released on bail. Learned counsel for the applicants submits that the applicants have always co- operated in the investigation and hence forth also will co-operate in the investigation and attend the concerned police station as and when called for. He submits that the allegations would require documentary investigation, and the custodial interrogation is not necessary for the investigation of the allegations that are made in the complaint. He thus submits that the interim protection granted by this court be confirmed.
7. Learned APP submits that during investigation, it is revealed that the applicants submitted bills with the partnership firm, which are suspicious. She submits that the applicants were called upon to hand over the handsets that the applicants used during the period of offence, i.e., between November 2020 to April 2023. She further submits that the applicants have submitted the recent mobile handsets used by them. She submits that the CDR report received during the investigation indicates that the mobile handsets submitted by the 5/14 ::: Uploaded on - 05/09/2024 ::: Downloaded on - 05/09/2024 21:41:11 ::: 54-ABA-1482-2023.docx applicants were not used during the period of offence.
8. Learned APP submits that during the investigation, it was found that 674 bills were bogus and that the Forensic Audit Report also shows that the bills that the applicants submitted with the partnership firm were suspicious. She submits that the electricity bills of a company called Ram Trading submitted by the applicants with the partnership firm were found to be forged and that the report submitted by the GST department shows that the registration of the said firm is not genuine. She further submits that the applicants have taken money from the partnership firm by submitting forged documents. She submits that the FIR is not an encyclopedia and that during the course of the investigation, certain facts have been revealed that require further investigation to find out the source of the forged documents. She, therefore, submits that the custodial interrogation of the applicants is necessary for determining the applicant's role in the forged bills that were submitted by the applicants with the partnership firm. She thus opposes grant of any protection to the applicants.
9. Learned counsel appearing for the first informant submits that the amount belonging to the partnership firm are used by the 6/14 ::: Uploaded on - 05/09/2024 ::: Downloaded on - 05/09/2024 21:41:11 ::: 54-ABA-1482-2023.docx applicants by submitting forged bills. He submits that the Forensic Audit Report clearly indicates that the bills submitted by the applicants were suspicious. He further submits that the applicants failed to give necessary instructions to the bank, and therefore, the funds were transferred from the partnership firm to the applicant's bank accounts.
10. Learned counsel for the first informant relies upon the allegation made in the FIR, thereby stating that the applicants and co-accused no. 3, i.e. Advocate of the firm, have suppressed the original retirement deed of the first informant, which entitled him to receive certain amounts. He submits that an amount of Rs. 5.51 crores, which the first informant was entitled to receive in view of the retirement deed, has still not been returned to the first informant. He further submits that based on the first informant's retirement deed, two bank accounts were opened and linked to the main RERA Account concerning the construction project undertaken by the partnership firm. He submits that the amount in the said accounts was directly transferred from the partnership firm's account.
11. Learned counsel for the first informant further submits that inspite of the first informant's entitlement to receive the amount as per 7/14 ::: Uploaded on - 05/09/2024 ::: Downloaded on - 05/09/2024 21:41:11 ::: 54-ABA-1482-2023.docx the retirement deed, the applicants demanded more amounts from the first informant. He submits that the allegation regarding the suppression of the retirement deed and the first informant's entitlement to receive the amount pursuant to the retirement deed is supported by WhatsApp chats produced on record. He submits that in the WhatsApp chat, it is evident that the retirement deed is suppressed by the applicants and the co-accused no.3.
12. Learned counsel for the first informant relied upon a copy of the reply submitted by the investigation officer to oppose the grant of bail of co-accused no.1. He submits that the reply clearly shows that during the investigation, it was revealed that Rs. 30 crores amount of M/s. Polite Buildtech was transferred to the bank account that was subsequently opened. He thus submits that it is clear that pursuant to the first informant's retirement deed, though two separate accounts were opened, the first informant is deprived of his benefit from the retirement deed. He, therefore, opposes the grant of any protection to the applicants.
13. Learned counsel for the first informant submits that the present dispute between the partners has arisen only regarding the project of 8/14 ::: Uploaded on - 05/09/2024 ::: Downloaded on - 05/09/2024 21:41:11 ::: 54-ABA-1482-2023.docx Bhalchandra Vihar. He submits that the complaints and civil suits filed by the present applicants do not pertain to the said project. Hence, according to the learned counsel for the first informant, the complaints and suits filed by the applicants are not relevant.
14. For considering the submissions made by the parties, I have perused the contents of the allegations made in the FIR. The present applicant no. 1 is arraigned as accused no. 2 in the FIR, and applicant no. 2 is subsequently arraigned as accused no. 4. The contents of the FIR indicate that there are partnership disputes between the applicants, the first informant and other partners. The allegations further state that there were terms of dissolution of the partnership agreed upon between the partners. The statement further indicates that there were agreed terms for preparing the dissolution deed, which indicates the exchange of certain amounts between the partners. The entire internal dispute amongst the partners of the partnership firm has been stated in detail in the first informant's statement.
15. The FIR further states that the applicants have refused to sign the dissolution deed as they had demanded Rs. 1 crore from the first informant. There are further allegations against the Advocate of the 9/14 ::: Uploaded on - 05/09/2024 ::: Downloaded on - 05/09/2024 21:41:11 ::: 54-ABA-1482-2023.docx partnership firm that though the dissolution deed was prepared, the deed kept in the custody of the Advocate was suppressed by him. There are further allegations in the statement regarding the dispute between the partners on the terms of the dissolution of the partnership. The statement further reproduced the contents of the Forensic Audit Report. There are allegations based on the Forensic Audit Report stating that it is recorded in the report that the bills submitted by the applicants and co-accused no.1 were found to be suspicious. Thus, the entire statement of the first informant is with regard to the internal dispute between the partners and the various monetary transactions and the projects undertaken by the partnership firm.
16. The applicants are accused of submitting forged bills to the partnership firm account and utilising the amount of the partnership firm based on the suspicious bills. Thus, the allegations against the applicants relating to the internal monetary transactions between the partners, and the alleged forged bills would require documentary investigation.
17. The nature of the allegations and the submissions made on behalf of the first informant to support them, prima facie, indicate that 10/14 ::: Uploaded on - 05/09/2024 ::: Downloaded on - 05/09/2024 21:41:11 ::: 54-ABA-1482-2023.docx the complaint is filed with an oblique motive of recovering an amount in view of internal disputes.
18. Though the learned APP submitted that the investigation would indicate that the applicants have submitted forged bills and custodial interrogation is required for ascertaining the source of the forged bill, she was unable to point out the exact allegation against the applicants that they have forged the bills.
19. It is also necessary to note that the present FIR appears to have been filed only after the applicants filed complaints. The applicants' complaint, the registration of an FIR against the present first informant, and the filing of two civil suits by the applicants are prior in time.
20. Thus, considering the dates and events as recorded above, I find substance in the arguments made on behalf of the applicants. Prima facie, it appears that the allegations pertain to the civil dispute between the partners concerning the projects undertaken by the partnership firm. Prima facie, it appears that the present FIR is filed as a counterblast to the complaint and suits filed by the applicants and prima facie, it appears to have been filed with an oblique motive to pressurise the applicants to extract money. No antecedents have been 11/14 ::: Uploaded on - 05/09/2024 ::: Downloaded on - 05/09/2024 21:41:11 ::: 54-ABA-1482-2023.docx shown against the applicants.
21. In view of the aforesaid, I am of the opinion that the custodial interrogation is not necessary. The applicants have attended the concerned police station for investigation as directed by the earlier orders passed in this application. Learned counsel for the applicants has submitted that the applicants undertake to attend the concerned police station as and when called for and cooperate with the investigation.
22. Hence, for the reasons recorded above, the applicants are entitled to confirmation of the interim protection granted on 19 th May 2023.
23. In view of the reasons recorded above, the application is allowed, and the interim protection granted by order dated 19 th May 2023 is made absolute by passing the following order :
(i) In the event of arrest of the Applicants in connection with CR. No. 0186 dated 19th April 2023 registered with Ravet Police Station, Pimpri Chinchwad, Pune, for alleged offences punishable under Sections 465, 467, 468, 471, 406 and 420 r/w 12/14 ::: Uploaded on - 05/09/2024 ::: Downloaded on - 05/09/2024 21:41:11 ::: 54-ABA-1482-2023.docx 34 of the Indian Penal Code, they be enlarged on bail on furnishing PR bond in the sum of Rs.25,000/- each with one or two sureties in the like amount.
(ii) The Applicants shall not directly or indirectly make any inducement, threat or any promise to any person acquainted with the facts of this case so as to dissuade him/her from disclosing such facts to the Court or to any police officer.
(iii) The Applicants shall keep the Investigating Officer informed of their current address, email id and mobile contact number, and/or change of residence or mobile details, if any, from time to time.
(iv) The Applicants shall not leave India without prior permission of the Court.
(v) The applicants shall attend the concerned police station as and when called and cooperate with the investigation.
24. This application was directed to be listed today vide order dated 10th July 2024. The said order recorded that no further adjournment will be granted. When the matter was called out today, the papers of Volume I of the application were missing. The first volume placed 13/14 ::: Uploaded on - 05/09/2024 ::: Downloaded on - 05/09/2024 21:41:11 ::: 54-ABA-1482-2023.docx before me contained a few orders passed by this court, and the volume started from page no. 249. Since the pages of Volume I were missing, the concerned Assistant Registrar, Criminal Application branch, was called in the court. She, along with the concerned section officer, produced the compilation containing pages of Volume I separately. On making a query, I was informed that, inadvertently, the first volume remained in the department. Some of the original orders passed by this court are attached to Volume 1, and some are attached to another volume. There is no proper case note attached to the file.
25. Copy of this order alongwith the papers as it is, to be directly forwarded to the learned Registrar (Judicial I) for making necessary inquiry by calling for an explanation as to why papers of Volume I and few original orders were separated from the matter and kept separately in the department and why the papers were not correctly arranged.
26. Though the present application is disposed of, list the application on 9th October 2024. To be listed under the caption "For compliance and directions".
Digitally signed
by [GAURI GODSE, J.]
RAJESHWARI RAJESHWARI
RAMESH
RAMESH PILLAI
PILLAI Date:
2024.09.05
18:50:45 +0530
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