Madhya Pradesh High Court
Rajat Johri vs The State Of Madhya Pradesh on 28 June, 2022
Author: Anil Verma
Bench: Anil Verma
1 MCRC No.29186/2022
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE ANIL VERMA
ON THE 28th OF JUNE, 2022
MISC. CRIMINAL CASE No. 29186 of 2022
Between:-
RAJAT JOHRI S/O LATE SHRI AJAI KUMAR JOHRI,
AGED ABOUT 50 YEARS, OCCUPATION: BUSINESS
R/O:APARTMENT NO. B 05-04, FLOOR 05, TOWER B,
SECTOR 60 SKYON, GOLF EXTENSION ROAD,
BADSHAHPUR. GURGAON (HARYANA)
.....APPLICANT
(BY SHRI VINAY SARAF, SENIOR COUNSEL WITH SHRI AMIT TRIPATHI
ADV.)
AND
THE STATE OF MADHYA PRADESH
STATION HOUSE OFFICER
THROUGH POLICE STATION RAJENDRA NAGAR,
INDORE (MADHYA PRADESH)
.....NON APPLICANT
(SHRI HEMANT SHARMA, PL FOR THE STATE)
(Ms. SONALI GOYAL ADV. FOR THE OBJECTOR)
This application coming on for orders this day, the court passed
the following:
ORDER
2 MCRC No.29186/2022 Applicant has filed this first bail application under Section 439 of the Code of Criminal Procedure, 1973. He is in jail since 26.5.2022 in connection with Crime No.284/2022 registered at P.S. - Rajendra Nagar, Indore (M.P.) for commission of offence punishable under Section 420, 409, 406, 467, 468, 471 and 120-B of IPC.
As per the prosecution story, applicant Rajat Johri was an employee of the company namely M/s Amira Pure Foods Pvt. Ltd. After resigning the company he started working as a general commission agent for Amira USA. Co-accused Himanshu Miglani was also employee of the Amira India and after resigning he joined the team of Rajat Johri to assist him in Commission tasks. On 10.11.2018 a sales contract was executed between DOL and Amira USA. Complainant Siddharth Shroff who is the Director of the DESCO Overseas LLP received a purchase order dated 27.9.2018 from the buyer Amira USA for supply of the Basmati rice and the goods were exported by the complainant to Amira USA from November 2018 to January 2019 amounting to US$ 241092.99 through various invoices. Applicant along with other co- accused are concerned with Invoice No.302, 303, 309 and 310, wherein copy of email has also been sent tot he applicant Rajat Johri and co- accused Himanshu. Applicant Rajat alongwith co-accused Nilesh Dagar and Himanshu Miglani conspired and fraudulently portrayed their company namely 'Vasumati Foods Pvt. Ltd.' as a sister concern of DOL to receive wrongful payment against invoice from Amira USA. Co- accused Neelesh Dagar was the Director of Vasumati Foods Pvt. Ltd. DOL never had any relationship with the Vasumati Foods Pvt. Ltd. A 3 MCRC No.29186/2022 copy of email was sent to Amira USA by which co-accused Himanshu fraudulently misrepresented Vasumati Foods as sister concern of DOL. Present applicant along with other co-accused persons communicated with Amira USA via emails that the remaining amount due to DOL be paid into the bank account of Mr. Nilesh Dagar. To ensure that the Bank Account details are accepted and communications are addressed acknowledging payment, the applicant along with other co-accused forged the letter-head of DOL, signatures of partners and sent them to Amira. However payment worth US$ 105,523.23 were diverted from DOL's Bank Account to Bank Account of Nilesh Dagar as per the instructions issued by the present applicant and other co-accused from time to time. Complainant and his firm DOL were kept completely in the dark about the payments. The complainant addressed an email dated 13.11.2019 to the auditors of Amira USA asking about the balance payment of US$ 143,645. Complainant Siddharth Shroff lodged an FIR at P.S. Rajendra Nagar, Indore. Accordingly offence has been registered against the present applicant and other co-accused persons.
Learned counsel for the applicant contended that applicant is innocent and he has been falsely implicated in this matter. He is in custody since 26.5.2022. He had been an employee of Amira India since May 2015 till November 2017 and thereafter a marketing consultant. Applicant was also a marketing consultant to Vasumati and never an employee or director of Vasumati. The entire FIR is based on emails sent by Himanshu Miglani to Amira USA and WhatApp chats. FIR was registered after six and half months after the initiation of inquiry. There is 4 MCRC No.29186/2022 no evidence against the applicant. He has been made accused on the ground that he received money from co-accused Nilesh Dagar, who in turn received DOL's money. Applicant has no control over the Nilesh Dagar. Applicant has not received any money from the account maintained by Nilesh Dagar in USA. He has not issued any instruction to Amira USA or DOL. He never directly communicated between the buyer and seller. The guideline issued by the Hon'ble Apex Court in the case of Arnesh Kumar Vs. State of Bihar (2014) 8 SCC 273 was not followed by the investigating agency. The commercial dispute between the parties has been given the colour of criminality by the complainant in the present matter so as to extort money by misusing the process of law. Hence, he prays that the present applicant be released on bail.
Per-contra, learned PL for respondent/State opposes the bail application and prays for its rejection.
Learned counsel for the objector/complainant also opposes the bail application and prays for its rejection by submitting that present applicant is the master mind of the fraud, which is evident from the chats between the applicant and Himanshu Miglani. In all the emails by Himanshu Miglani, the applicant's email address is also copied and is mentioned in CC. Applicant conspired with the other co-accused persons with respect to payments, forgery and other details. They forged the letter on behalf of DOL. Complainant's firm has supplied the goods to Amira USA from time to time and raised invoices, however payment worth US$ 105,523.23 were diverted from DOL's Bank Account to Nilesh Dagar as per the instructions given by the applicant Rajat and co-accused Himanshu. Complainant and DOL are not only the victims of the fraud 5 MCRC No.29186/2022 committed by the applicant but other entities such as Manjeet Agro Exports, Indore and many other firms have also suffered at the hands of the applicant, therefore, the applicant does not deserve for bail.
Perused the case diary as well as the impugned order of the court below.
Considering all the facts and circumstances of the case, arguments advanced by counsel for the parties, nature and gravity of allegation as also taking note of the fact that present applicant and other co-accused Himanshu communicated with Amira USA by email that remaining amount due to the DOL be paid into the bank account of Nilesh Dagar and they have also provided the bank details for the transmission, after perusal of emails and chatting records it appears that present applicant along with other co-accused persons hatched conspiracy which is prima facie established from the Whatsapp chats seized from the complainant which also details the fraud and forgery committed by the present applicant, in all the emails sent by Himanshu Miglani present applicant's email address was also copied and mentioned in 'CC', this offence is related with the fraud and forgery worth more than Rs.75 Lakhs in Indian Currency, investigation is still continuing, without commenting upon merits of the case, this court is not inclined to grant bail to the present applicant.
Accordingly the M.Cr.C. is dismissed.
C.C. as per rules.
(Anil Verma) Judge Trilok/-
Digitally signed by TRILOK SINGH SAVNERDate: 2022.06.29 18:13:26 +05'30'