TMI Blog2021 (11) TMI 978X X X X Extracts X X X X X X X X Extracts X X X X ..... lready been deposited with the trial Court, regarding which there is no objection in case the said amount is deposited with the GST Authorities and also the fact that the petitioner has joined the investigation, the present petition for grant of anticipatory bail is allowed and interim order dated 12.08.2021 is made absolute. It is however, clarified that the payment of the amount of ₹ 10 lakhs is without prejudice to the rights of the petitioner as well as the complainant, as by virtue of the said payment, neither the petitioner has admitted her guilt in the matter nor the complainant has fully and finally settled the matter with the petitioner so as to entitle her to file petition for quashing of the FIR solely on the basis of co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... It is alleged that it had entrusted the task of filing GST returns to Harish Kumar Rampal, Chartered Accountant, who is running firm by the name and style of M/s Rampal and Company. It was the duty of said Harish Kumar Rampal to file requisite GST returns of the Company, thus for this purpose, he was seeking various documents and information from the companies. It is alleged that under the garb of filing GST return, Harish Kumar Rampal was regularly asking the Companies to transfer payable GST amount to bank account of his firm as also bank account of co-accused Pooja Sablok an Associate of that Firm. Having reposed faith and confidence in M/s Rampal and Company, an amount of ₹ 18,68,85,294/- was transferred by the complainant Compan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... blok and that she was not aware about the working of her sister. The amount had been received by the petitioner as friendly loan from her sister. An amount of ₹ 21 lacs out of ₹ 31 lacs has already been returned to Pooja Sablok. He undertakes that the petitioner is ready and willing to cooperate with the investigation. He also states that with a view to show his bonafide, the petitioner would deposit an amount of ₹ 10 lacs with the learned trial Court. Notice of motion. Sh. Surender Singh, AAG, Haryana accepts notice on behalf of respondent-State of Haryana and points out that Kia car had been purchased by Pooja Sablok from the amount received by her from Harish Kumar Rampal and said car is in possession of the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion on three occasions but there is still some recovery to be made from the petitioner and has, thus, opposed the application for grant of anticipatory bail. Learned counsel for respondent No.2-complainant has submitted that the payment of ₹ 10 lakhs by the petitioner to the GST Authorities should not in any way be construed as if the matter has been fully and finally compromised entitling the petitioner to file a case for quashing of the FIR on the basis of compromise. Keeping in view the above-said facts and circumstances, moreso, the facts which have been noticed in the detailed order dated 12.08.2021 passed by a Co-ordinate Bench of this Court, as also the fact that the allegations in the FIR are primarily against Harish Kum ..... X X X X Extracts X X X X X X X X Extracts X X X X
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