Patna High Court - Orders
Sunil Kumar Dhawan @ Sunil Dhawan @ Sunil ... vs The State Of Bihar on 11 January, 2021
Author: Partha Sarthy
Bench: Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12261 of 2020
Arising Out of PS. Case No.-969 Year-2019 Thana- SHASTRINAGAR District- Patna
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Sunil Kumar Dhawan @ Sunil Dhawan @ Sunil Kumar Son of Late Jagat Pal
Dhawan Resident of Village - A1/147FF, Janak Puri, B-1SO West Delhi, P.S.-
Janakpuri, New Delhi-110058
... ... Petitioner/s
Versus
1. The State of Bihar
2. Kamla Kant Prasad, the Officer on Special Duty, Central Selection Board
(Constable Recruitment) Bihar, Patna
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Sanjay Singh, Adv.
Mr. Vinod Kumar, Adv.
For the CSBC : Mr. P.N. Shahi, Sr. Adv.
Mr. Sanjay Pandey, Adv.
Mr. Vivek Anand Amitesh, Adv.
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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
9 12-01-2021Heard Mr. Sanjay Singh, learned counsel for the petitioner and Mr. P.N. Shahi, learned Senior Counsel assisted by Mr. Sanjay Pandey, learned counsel for the Central Selection Board (Constable Recruitment).
The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Shastri Nagar P.S. Case No. 969 of 2019, registered under sections 420, 406 and 34 of the Indian Penal Code and section 138 of the Negotiable Instruments Act.
As per allegation in the F.I.R., an agreement was entered for the financial years 2017-18 and 2018-19 with M/S 2/6 ICN (India) Pvt. Ltd. in the office of the Board. As per agreement, out of the sum received from the applicants against Central Selection Board (Constable Recruitment) Advertisement no.2/2018, the firm was required to deposit a sum of Rs. 3.5 crores and out of the sum received from the applicants against Central Selection Board (Constable Recruitment) Advertisement No.1 of 2019, the firm was required to deposit a sum of Rs. 10.56 crores (approx). It is stated that the Director, Sunil Dhawan and Manager, Arun Kumar handed over post dated cheque for Rs. 1 crore to the Central Selection Board (Constable Recruitment). However, the said cheque bounced for reason of shortage of fund. It is stated that on earlier occasion also, for bouncing of cheque, other cases/F.I.Rs had been registered.
It is submitted by learned counsel for the petitioner that from perusal of the contents of the letter dated 6.9.2019, which forms part of the F.I.R.(Annexure-8) of Shastri Nagar P.S. Case No.733 of 2019 it would transpire that the agreement between the firm and the Board was entered into on 12.2.2018 and Manager, Arun Kumar had signed on behalf of the firm. It is submitted that Arun Kumar purchased shares of the Company from the petitioner herein and wrote a letter dated 15.3.2018 to the Board of Directors of M/S ICN (India) Pvt. Ltd. informing 3/6 them about the purchase of shares by him on 15.3.2018 and requesting that his name be entered in the register of members of Company. By virtue of the purchase of shares from the petitioner and his wife, Arun Kumar was appointed the Director and he took over management of ICN (India) Pvt. Ltd. After purchase of the shares on 15.3.2018, Arun Kumar wrote a letter dated 18.9.2019 to the Chairman of the Central Selection Board (Constable Recruitment) stating therein that the outstanding amount of the Central Selection Board (Constable Recruitment) shall be cleared with submission of six post dated cheques as detailed therein. Referring to the said letter, learned counsel for the petitioner pointed out that at serial no.3 was the cheque no.000291 dated 15.12.2019 drawn on the ICICI Bank for Rs. 1 crore which is the subject matter of the instant F.I.R. and a copy of the same is at page 23. He further referred to letter dated 16.9.2019 (part of Annexure-6) to submit that Arun Kumar in the said letter categorically states that he had taken over the firm and was 100% owner of the same. It was submitted that Shastri Nagar P.S. Case No.733 of 2019 (Annexure-8) was also filed by the Central Selection Board (Constable Recruitment) under sections 409 and 420 of the Indian Penal Code making allegations of criminal breach of trust against the firm for not 4/6 having deposited a sum of Rs.14.60 crores (approx). The same related to Advertisement no.1/ 2018 and also Advertisement nos. 2/2018 and 1/2019. By order dated 17.12.2019 (Annexure-9) passed in Cr.Misc. No.67531 of 2019 the petitioner was directed to be enlarged on provisional bail on certain conditions including deposit of a sum of Rs.3.5 crores in the account of the Board. It is submitted by learned counsel that the petitioner deposited the said amount within the time fixed and subsequently by order dated 31.1.2020 passed in Cr.Misc. No.67531 of 2019 his provisional bail was confirmed. It is stated that from the facts stated herein above it is clear that the management of the Company was taken over by Arun Kumar on 15.3.2018 and the cheque which is the subject matter of the instant F.I.R. was issued on 18.3.2019 i.e having been issued much later by Arun Kumar. The petitioner has been cooperating with the Investigating agency and it is prayed that he be enlarged on bail.
The application for bail is opposed by Mr. P.N. Shahi learned Senior Counsel appearing for the Central Selection Board (Constable Recruitment). He submits that from the contents of the F.I.R. it would be evident that an approximate sum of Rs. 14 crores was due and payable by the firm to the 5/6 Central Selection Board (Constable Recruitment). It is submitted that it is an admitted fact that the petitioner was the Director of the Company on the date that the agreement was entered into between the Board and M/S ICN(India) Pvt. Ltd. It is as a result of criminal breach of trust by the Company that the Board has suffered a huge loss and has received a sum of Rs. 3.5 crores only against its dues of Rs.14 crores. It is submitted that the Board is not concerned with the internal arrangements between the accused persons and in the facts and circumstances of the case, the application for bail be rejected.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, I find substance in the submission made by learned counsel for the petitioner. Further, it would be relevant to note that the instant case relates to bouncing of cheque of Rs.1 crore which was paid by the Company in connection with Advertisement nos. 2 of 2018 and 1 of 2019. The payment against two advertisements besides one another was also the subject matter of Shastri Nagar P.S. Case No.733 of 2019 wherein the petitioner has already been enlarged on bail after payment of a sum of Rs. 3.5 crores.
Thus in the facts and circumstances of the case, this 6/6 Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of eight weeks from today and in the event of his arrest or surrender in connection with Shastri Nagar P.S. Case No. 969 of 2019, he will be enlarged on bail on furnishing bail bond of Rs 20,000/ (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Patna, subject to the conditions as laid down in section 438(2) of Criminal Procedure Code.
(Partha Sarthy, J) Bibhash/-
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