Madhya Pradesh High Court
Jasmina Aildasani vs The State Of Madhya Pradesh on 7 February, 2020
Author: Virender Singh
Bench: Virender Singh
1
HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
M.Cr.C. No.3768/2020
Jasmina Aildasani Vs. State of M.P.
Indore, Dated:- 7/2/2020
Shri Vibhor Khandelwal, learned counsel for the
petitioner.
Shri R.K.Pathak, learned public prosecutor for the
respondent/State.
Shri Vishal Baheti, learned counsel for the objector.
Heard with the aid of case diary.
ORDER
1. This is the first bail application under Section 438 of Cr.P.C. filed by the petitioner in connection with Crime No.509/2019 registered at Police Station Palasia, District Indore under Sections 420, 467, 468, 471 and 34 of IPC.
2. According to the prosecution case, complainant Jai Wadhwani lodged a written complaint dated 17.12.2019 with the Police Station Palasia, Indore alleging that accused Prem and Jasmina Aildasani (petitioner) with their sons Siddharth and Akshay Aildasani had approached him pretending that they are big industrialist of Hon Kong and now want to serve their motherland and to generate employment for the local youths, they are going to establish a drug manufacturing unit in the name and style "M/s. Balaji Steroids and Hormones Pvt. Ltd." with a turnover of $200 million and this would be the first plant in India manufacturing hormonal drugs. They offered him to be 'Sole Selling Agent' of their Company assuring that this will give him good returns. They asked for some deposits. Relying on them he handed them over four cheques of 6,25,000/- each total Rs.25 lakhs. They appointed him their 'sole selling agent'. After some time Prem Aildasani approached him again stating that he needs some money as short term credit as he intends to expand the company. He gave him Rs.75,00,000/-. But, later he came to know 2 HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE M.Cr.C. No.3768/2020 Jasmina Aildasani Vs. State of M.P. that they have befooled him. They had floated a bogus company. No plant was established by them. They only repainted the old plant and machinery to show off and to allure him and this way, by deceiving him, they had fetched money from him. After unveiling of the truth, when he demanded his money back, petitioner Jasmine issued three cheques of Rs.55,000/- but they were bounced when presented for payment.
3. It was further alleged in the complaint that the accused persons appointed one Suresh Verma and misused his and his wife's bank account for fake transactions. They made fallacious entries in these account to portray the business transaction. They even mortgaged repainted plant and machinery and obtained loans from several financial institutions.
4. It was also stated in the complaint that in the same manner, the petitioner, her husband and their sons have duped many other persons namely; Zakir Hussain, Surendra Singh Panwar, Manish Vyas, Sanjay, S.K. Jaiswal, Digwal, Nimesh Dosi, Ramesh Lal Thawani, Pawan Sharma etc. Therefore, he prayed to take action against the accused persons.
5. It is argued by learned counsel for the petitioner that the petitioner is a woman. The company 'Balaji Steroids and Hormones Pvt. Ltd' was incorporated and was being run by her husband. Earlier she was Director in the company, but later due to some health issues, she resigned. During the period of her directorship, the complainant had shown interest in seeking appointment as 'Sole Selling Agent' and deposited Rupees Twenty Five Lakhs by aforestated four cheques, but after sometime, he expressed his disinterest to be the "Sole Selling Agent' and 3 HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE M.Cr.C. No.3768/2020 Jasmina Aildasani Vs. State of M.P. asked for refund of the money. As per his direction, the Company issued a cheque of Rupees four lakhs in the name of his cousin Monu Wadhwani. Thus, liability of only rupees twenty one lakhs remained towards the company. The Company is still running and producing drugs worth Crores of rupees.
6. There is no evidence, receipt or any other document to show that the company ever received Rs. &5,00,000/- (Rupees Seventy Five Lakhs) for development or expansion of the company. No valid source of depositing of this amount has been produced by the complainant even before the police. A vague statement that the complainant had collected that money from his relatives and handed it over to the Directors of the Company, cannot be relied upon.
7. After receiving the complaint, the police have seized the plant of the company. Twice, the petitioner was called for interrogation. She appeared on 20.8.2019 and 17.12.2019. She has fully co-operated with and is ready to further co-operate with the investigation. Liability of rupees twenty one lakhs is admitted. She has resigned from the company and now is not involved in the day to day affairs of the company. Her custodial interrogation is not required. No document has even been forged or fabricated by her, therefore, she be granted anticipatory bail.
8. Per contra, it is submitted by the learned public prosecutor as well as the learned counsel representing the objector that contention of the learned counsel for the petitioner is misconceived and misleading. A written agreement dated 18.5.2017 was executed between the petitioner and the complainant for appointing him as 'Sole Selling Agent', therefore, it is contrary to the record to say that there was no agreement or there was any oral 4 HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE M.Cr.C. No.3768/2020 Jasmina Aildasani Vs. State of M.P. agreement between the petitioner and the complainant as claimed by the petitioner in paragraph 4.3 of the petition. It is also contrary to the record that the petitioner had resigned from the company and had nothing to do with the transaction between the complainant and her husband, who deals with the affairs of the company as claimed by her during argument or in para 5.3 of the petition itself.
9. It is further wrong to say that the complainant had made a vague statement of handing over Rs.75,00,000/- (Rupees Seventy Lacs). A representation dated 13.11.2017 filed by the petitioner before the CSP, Circle, Peethampur and three cheques issued by her dated 4 & 9.7.2019 worth Rupees twenty five + fifteen + fifteen lakhs have been pointed out by learned counsel for the objector and it is argued that in case the amount of Rs.75,00,000/- would have not been received by the company, there was no need to issue these cheques.
10. It is mentioned in the representation dated 13.11.2017 that husband of the petitioner had nothing to do with the company and she all alone is responsible for the affairs of the company.
11. It is further submitted that claim of the petitioner that the complainant is sole aggrieved person is also not correct. Not only the complainant, but several other persons namely Jakir Hussain, Surendera Singh Pawar, Manish Vyas, Sanjay Digwani, S.K.Jaiswal, Nimesh Joshi, Ramesh Lal Bhavani and Pawan Sharma have been cheated by her. The police have recorded their statement under Section 161 of Cr.P.C. and they have explained the way they have been cheated by the petitioner.
12. It is also averred that the petitioner and her husband are habitual to commit such type of cheating. Giving details 5 HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE M.Cr.C. No.3768/2020 Jasmina Aildasani Vs. State of M.P. of their misdeed, a compliant was lodged way back on 20.1.2011 to the Assistant Commissioner of Police, Andheri East, Maharashtra. For ready reference paragraph 1 to 15 are being reproduced here:-
1. Both of above persons are Husband & Wife and Directors Partner of M/s. Sati Pharma Ltd., Jahan Impex Pvt. Ltd., Jasmine Corporation & Tayobi International.
2. Both are doing illegal business of Steroids/Schedule X Drugs (Psychotropic drugs scheduled as narcotics) smuggled to India from China routed through Hong Kong & sold to Indian Market in Cash and evaded customs & excise and also other Government revenues in crores.
3. Both took heavy loans from Indian Overseas Bank, Lamington Road Branch approx. Rs. 2.25 Crores and Greater Bombay Co-Op Bank Ltd., Mumbai Rs. 25 Lacks by giving forged and fabricated document of property & stock statements.
4. The above institution had filed cases in DRT/DRAT/L.T. Marg Police Station & Other Courts against them.
5. They had cheated Indian Overseas Bank, Hong Kong Branch for Rs. 20 Lacks and abscond from there however an order in Hong Kong Court has been passed and already sent to DRT Court for execution.
6. They cheated one Mr. Mohan Khan Chandani/Mr. Bachani having office at Khar (West), for Rs. 38 Lacks by giving them the same documents of property Mortgage to Indian Overseas Bank, Lamington Road Branch. The Property is situated at Ramdas Building, Kalbadevi Road, Mumbai.
7. Cheated their own cousin brother-in-Law Mr. Manish Mordani by selling flat at Jagat Bhavan, Wadala which is not in their name and made fake registered documents took money from them for the said sale and Share Certificate are make by them signed by Secretary who is not flat owner nor secretary or in existence. However above documents are in possession of Shamrao Vithal Co-op. Bank / Greater Mumbai Co-op. Bank Ltd.
8. I had come to know from the residence of Jagat Bhavan, Wadala that he cheated his present wife Mrs. Jasmina by not telling her that he was earlier married to another girl and already having two kids with earlier wife.
9. Above couple had cheated one Mr. Joseph of Malad for Rs.6 lacks who collected money from various people and given the same to Mr. Prem & Jasmina as they assured 6 HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE M.Cr.C. No.3768/2020 Jasmina Aildasani Vs. State of M.P. them jobs in Dubai. However when they have not arranged any job Mr. Joseph asked for their money they filed a false case against that person for extortion in Amboli Police Station.
10. They cheated many peoples in Bandra for securing jobs in Overseas.
11. They cheated Mrs. Jyotika Saxena and Inder Monan Saxena (Former IRS Officer) for Rs. 5.5 lacks for case is pending before Metropolitan Magistrate Court, Kurla.
12. However they managed to abscond from India and again return to India in January 2009 and were hiding from Police/Court and above persons. Mr. Prem Ail Dasani was forced to leave the country of South Africa (Kinsasa) as he cheated the bosses he worked for.
Further as Mr. Prem was absconded by Police & Court and was hiding from them his wife Jasmina Ail Dasani made various statement before Police, Kurla Court, Bombay Session Court & even before Justice V.M. Kannade of Bombay High Court that Prem is not in India even he was staying in Wadala, Mumbai doing his Restaurant Business in the name of Big Bite and during that period of her statement it can be verified that he made various leave & licence agreement, contracts with Tibbs Frankie and even he appeared before Wadala Police Station for verification of his passport.
Now Mr. Prem is on Bail of Rs. 50,000/- by Kurla Court and for the purpose of getting bail he has furnished a bogus solvency certificate of unknown person. The next date of hearing in above case is 29 th January 2011.
13. Mr. Prem & Jasmina in collusion with each other grabed the money belonging to Mother-in-Law and Father-in-Law of Prem Ail Dasani to cater their needs of returning huge amounts, keeping in dark the only son of Mr. & Mrs. Hotchand Taurani i.e. Mr. Manoj Taurani and amount was Rs. 2.7 Crores (proceeds of sale of Shop at Lamington Road in the name of Padma H. Taurani and Rs. 3.5 Crores i.e. Proceeds of Sale of Flat at Zarna Apartment, Khar (W), belonging to Mr. & Mrs. Taurani who died after realization of money) The death of above Mr. & Mrs. Taurani is very mysterious as Prem Ail Dasani managed to get natural Death Certificate from a Doctor for her Mother-in-Law and his Father-in-Law who was a Crorepati and helplessly staying with Prem in his last days of life as Mr. Prem created a gap between father and son and isolated them with each other to grab huge amount for his personnel gain and he expired due to late medical help even though Mr. Prem and her wife were aware that he was a cardiac patient operated twice in past and he was 7 HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE M.Cr.C. No.3768/2020 Jasmina Aildasani Vs. State of M.P. suffering from Dengue and they waited till his conditions got worst and lastly they admitted him to hospital for dying ang getting a Death Certificate.
14. Mr. Prem Ail Dasani cheated one Mr. Sahani who is a Liquor & Wine Merchant in Khar and took money for the sale of the same flat which was earlier sold by him to another person Mr. Shroff through broker Mr. Narang having his office at Linking Road, Bandra.
15. Mr. Prem & Jasmina have kept Mr. Manoj Taurani & his Wife Yashna Taurani (Son & Daughter in Law of Mr. & Mrs. Hotchand Taurani) about the sale of said flat in the name of their Father & Mother and also they succeeded to remove all valuables from their flat. However Mr. Manoj and his wife are very grateful to their above in laws for helping them when their above parents died and all the funeral expenses and other things were managed by them. I fear some day the above Mr. Prem & Jasmina will play any danger plan to above Manoj and her wife to get rid of them and enjoy the money peacefully."
13. The learned counsel for the objector as well as the learned public prosecutor has drawn attention of this Court towards a letter issued by 'Modern Arabian General Trading' (LLC) to the Dubai Police to black list the company of the petitioner and her husband, whom they had also cheated.
14. Submission of 'no need of custodial interrogation' is also opposed by the objector and the public prosecutor both. It is asserted that several documents have been forged and fabricated by the petitioner, which have to be recovered and analyzed by the police, else she may destroy or alter those documents.
15. Another ground taken to oppose the prayer is that two sons of the petitioner are still residing in Hong Kong, therefore, possibility of her absconding abroad cannot be ruled out.
16. In reply to the contention raised by the learned counsel for the objector as well as by the learned public prosecutor, learned counsel for the petitioner submitted that the agreement of appointing 'Sole Selling Agent', is 8 HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE M.Cr.C. No.3768/2020 Jasmina Aildasani Vs. State of M.P. not signed by the petitioner and even the petitioner claims that it even does not bear signature of her husband and it is a forged and fabricated document.
17. The cheques referred by the complainant dated 4 th and 9th July, 2019 have never been issued by the petitioner rather they were blank cheques and were handed overto the complainant only for the purpose of security. The complainant has misused them. Complaint dated 20.1.2011 is 10 years old. No case have ever been registered against the complainant on this complaint and this shows that all allegations made in this complaint were false and frivolous. Dispute mentioned in the letter dated 1.10.2009 issued by 'Modern Arabian General Trading' was an industrial dispute and had been settled by the company of the petitioner way back before the DRT and now no such dispute is pending against the petitioner or her husband.
18. Representation submitted by petitioner before CSP, Circle, Peethampur is related to Crime No.447/2017 registered against her husband. It has nothing to do with the present case. The fact mentioned in para 1 of this letter is neither incorrect nor false. It is a fact that husband of the petitioner Prem Aildasani is not Director or promoter of 'Balaji Steroids and Harmones Pvt. Ltd' only their two sons Siddharth and Akshay are Directors and Promoters of this Company.
19. The person named by the complainant alleging that they have also been cheated by the petitioner are the persons, who were engaged for construction of plant and establishment of the machinery and their payments were due towards the company. The company is facing financial constraints at present, therefore, their payments could not be made, but the company is not denying its liability to 9 HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE M.Cr.C. No.3768/2020 Jasmina Aildasani Vs. State of M.P. clear their dues pending towards the work done by them and it will clear all the dues as and when funds will be available with the company. They are not the persons, who have been cheated by the petitioner.
20. In the last, it is submitted that to rule out any possibility of her absconding, she is ready to surrender her passport and also ready to follow and obey any condition imposed by the Court and to co-operate with the investigation.
21. Having heard to the parties at length and having carefully gone through the record, in the considered opinion of this Court, it would not be proper to allow anticipatory bail to the petitioner in the present case. Therefore, without commenting on the merits of the case, the petition is dismissed.
(Virender Singh) Judge das Digitally signed by REENA PARTHO SARKAR Date: 2020.02.12 14:57:31 +05'30'