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2019 (11) TMI 254 - HC - Companies LawGrant of anticipatory bail - petitioner has signed forged letter of credits and other documents for availing credit facility from the Bank on behalf of A-1 Company. - the petitioner has prayed for anticipatory bail on the ground that petitioner is 65 years old - offences alleged in the said complaint against the petitioner are under Section 128, 129, 447, 448 of the Companies Act, 2013, Section 209, 211 read with 628 of the Companies Act, 1956, and Section 467, 468, 471 read with Section 120-B IPC - HELD THAT:- The allegations levelled against the petitioner are prima facie serious in nature. The allegations are that petitioner was one of the signatories of the financials of ‘A-1’ company and Director in category ‘C’ Company. The details of the same have been described in the summoning order dated 16.08.2019 of the Ld. ASJ/Special Judge (Companies Act). It is alleged that petitioner has signed forged letter of credits and other documents for availing credit facility from the Bank on behalf of A-1 Company. Thus, prima facie there are serious allegations of fraud committed by the petitioner in conspiracy with other co-accuseds. Perusal of para No. 8 (i) of the petition reveals that Ld. Counsel for the petitioner was not able to inspect the judicial record. It, therefore, cannot be said as to what was the report of process serving agency on the summons issued to the petitioner. Without seeing the copy of the report on summons, it cannot be said whether petitioner was properly served or not. This submission is, therefore, made without seeing the record. In case, the petitioner is correct to the extent that he was not duly served, the Ld. ASJ/ Special Judge after considering the submission of Ld. Counsel for petitioner and Ld. counsel for SFIO and perusal of report on summon can pass the appropriate order in accordance with law. In these circumstances, it will be appropriate for the petitioner to approach the Ld. ASJ/ Special Judge and make all his submissions made herein, before the Ld. Trial court as well. Keeping in mind the facts and circumstances of the case and serious nature of offence and amount of cheating involved as well as allegation of forgery, no grounds for anticipatory bail are made out - the anticipatory bail application is disposed off.
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