Delhi High Court - Orders
Pawan Verma vs State on 26 February, 2020
Author: Suresh Kumar Kait
Bench: Suresh Kumar Kait
$~46
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 230/2020
PAWAN VERMA ..... Petitioner
Through Mr. Maninder Singh with Mr. Dinhar
Takiar and Mr. Vikram, Advs.
versus
STATE ..... Respondent
Through Mr.Amit Chadha, APP for State.
Insp. Satya Prakash, EOW
Sh. Sugam Puri with Ms. Ashu
Avasthi, Advs. for complainants
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
ORDER
% 26.02.2020 The present petition is filed under Section 439 r/w 482 Cr.P.C. for grant of bail in FIR No. 007/2019 registered at Police Station EOW for the offences punishable under Section 420/34 IPC and chargsheet has been filed under Section 420/406 IPC.
Case of petitioner is that in pursuance to present FIR, he was arrested on 31.07.2019 and the complainants have converted a purely civil transaction into a criminal offence by twisting facts and the prosecution has also acted blindly at behest of complainants without appreciating the settled law with regard to offence of cheating and common intention.
Counsel appearing on behalf of petitioner submits that bare perusal of the FIR would show that sole allegation against petitioner is that the complainants had given friendly loan to Petitioner as he was a good businessman / jeweler and they were having cordial business relations between 5 years to 15 years. Thus, it becomes evident that complainants were never induced by Petitioner nor there is any allegation that petitioner had induced complainants into giving him friendly loans.
In fact, complainants have alleged that they have been doing business with petitioner for around 15 years and hence, there was no question of any inducement or false promise or false assurance made by petitioner to the complainants. Moreover, there is no allegation that petitioner has delivered any property or money in furtherance of the inducement or false promise or false assurance made by petitioner to complainants.
Learned APP submits, as per the charge-sheet, 13 persons have filed complaints against Petitioner for cheating. The complainants were customers of Petitioner since a long time varying from 5 to 15 years and considered him trust worthy. Accordingly, though gave him money by cheques / cash as "friendly loan" and many sold old jewellery to him against which Petitioner issued cheques, which were subsequently dishonoured. Sometime in the month of September 2017, Petitioner closed his shop and absconded and also, he was not replying on his known telephone numbers. When complainants used to ask Petitioner for retuning the loan amount, then the Petitioner always convinced complainants that he is facing shortage of money due to purchase of adjoining two shops no.8 and 9, Vasant Arcade, Nelson Mandela Road, New Delhi. There a restaurant business is going on and a hospital is running in the name of Anahat Multispecialty in partnership with Mr. Gopal Verma brother of Petitioner. On contacting Mr. Gopal Verma, he informed that Petitioner herein is not his partner. Thus, he has cheated the investors. Accordingly, the present petition deserves to be dismissed.
As argued by counsel for petitioner that complainant themselves gave money through cheques and gold. In exchange, petitioner continued to give returns to them, however, due to some reason, he subsequently stopped paying them returns and hence, complainants made present complaint which culminated into the FIR. Learned counsel for petitioner submits that as petitioner is in jail since 31.07.2019, on instructions he submits that without prejudice to right and contentions of all the parties, petitioner is ready to deposit cheque amount of ₹31.5 lacs with Registrar General of this Court. Wife of petitioner has brought DD no. 000045 dated 09.02.2020 for ₹15,00,000/- drawn on Axis Bank in favour of Registrar General, Delhi High Court. In addition to above, she is ready to deposit property documents of one residential plot in Khasra B-1239 at Renewal, Rohini Nagar 2nd and near-residential, Phagi District, Jaipur and face value of the same is ₹15 lacs as on 16.02.2020 and the print out of the same is taken from website of Rajasthan. He submits that market value of the property is around ₹30-40 lacs.
Accordingly, without commenting on the merits of the prosecution case, petitioner shall be released on interim bail for six months, from the date of his release, on his furnishing a personal bond in the sum of Rs.25,000/- with two sureties of the like amount to the satisfaction of Trial Court, subject to the condition that above-mentioned pay order shall be deposited with the Registrar General of this Court along with original documents of the property mentioned above.
The Registrar General is directed that after the receipt of the said pay order and property documents, he shall issue letter in the name of the Trial Court, that amount and documents have been received and only thereafter, Trial Court shall release the petitioner.
Copy of this order be transmitted to the Jail Superintendent and the Trial Court concerned for compliance.
Renotify on 14.09.2020 for further directions.
Order dasti under signatures of the Court Master.
SURESH KUMAR KAIT, J FEBRUARY 26, 2020/ms