Manipur High Court
Gautam Dhar vs The Officer In Charge on 5 February, 2024
Item nos. 1 & 2
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
A.B. No. 1 of 2024
With
Crl. M.C. No. 3 of 2024
Gautam Dhar
.... Petitioner
-Versus-
The Officer in Charge, Imphal Police Station and Anr.
.... Respondents
BEFORE HON'BLE MRS. JUSTICE GOLMEI GAIPHULSHILLU 05.02.2024 Heard, Mr. M. Gunedhor, learned counsel appearing for the petitioner and Mr. H. Samarjit, learned PP appearing for the State respondents.
The present petition has been filed under Section 438 of the Code of Criminal Procedure, 1973, in connection with FIR No. 91(03) 2023 IPS U/s 420/406/468/471/34 IPC, seeking Anticipatory Bail for the petitioner with the following prayers:
i) admit the present anticipatory bail application;
ii) call for report;
iii) grant pre arrest bail to the Petitioner in connection with the FIR No. 91(03) 2023 IPS U/s 420/406/468/471/34 IPC;
iv) upon such terms and condition as the Hon'ble Court may deem fit and proper; and
v) any other order/orders or directions be also passed in favor of the Petitioner/Applicant as deemed fit and proper in the facts and circumstances of the case and in the interest of justice.
And in the interim, the arresting authority may be directed not to arrest the Petitioner pending disposal of the present anticipatory bail application in the interest of justice.
Brief facts of the case are as follows:
The petitioner filed a petition under Section 138 of the Negotiable Instruments Act before the Court of CJM, Gautam Buddha Nagar, Uttar Pradesh, requesting that the complainant, Brajabidhu Singh, be summoned for an offence committed by the complainant in accordance with the provisions of Section 138 of the N.I. Act. The Ld. CJM of Gautam Buddha Nagar, Uttar Pradesh, thereafter took notice of the offence and summoned him on various days to appear. However, despite receiving the same, the complainant refused to attend, and as a result, a bailable warrant was issued against him by the S.P of Police, Imphal West, which is still pending execution to this day.
During the pendency of the foregoing, on March 20, 2023, the complainant filed a false and contrived Complaint to the Imphal Police Station, saying that he met the petitioner/accused at an alumni gathering in Kolkata. During the meeting, the petitioner/accused described himself as a wealthy businessman with links to central ministries and high-level government officials. The complainant was then persuaded to form a business partnership. Accordingly, "Brajakon Organics Private Limited,"
was founded on October 19, 2017, which has an operating office in Delhi and a registered office e in Kids World Complex, Airport Road, Imphal, under the brand name "Divine Organics." The petitioner has been appointed as a company's managing director, although the complainant, Brajabidhu Singh, is the managing director on the board of directors. In terms of ownership, the complainant, his friends, and family controlled 80% of the company's shares, with the current petitioner holding 20%.
In the complaint the complainant claimed that the petitioner and his wife defrauded him of Rs. 4 crores through a criminal conspiracy, committed forgery by preparing false and fabricated books of accounts and other money receipts, and committed criminal breach of trust, and that the petitioner should be held accountable for the same. That the current case is based on a FIR filed by complainant Mr. Brajabidhu Singh. It is alleged that the FIR No. 91(03) 2023 IPS U/s 420/406/468/471/34 IPC, which was registered at Imphal Police Station on March 21, 2023 under Section 420/406/468/471/34 IPC.
Hence this petition for seeking Anticipatory Bail before this Hon'ble High Court.
Issue notice, returnable on 16.02.2024.
Notice is accepted by the learned PP for the State respondents.
The learned counsel for the petitioner is to take steps to the private respondent by speed post.
The Investigating Officer of the case is directed not to arrest the accused till the next date of hearing.
List the matter on 16.02.2024.
JUDGE
Thoiba
OINAM Digitally signed by
OINAM THOIBA
THOIBA MEITEI
Date: 2024.02.05
MEITEI 17:25:53 +05'30'