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TMI Blog2023 (9) TMI 344X X X X Extracts X X X X X X X X Extracts X X X X ..... in FIR No. 515/2022 under Sections 420/467/468/471/34 of the Indian Penal Code, 1860 registered at PS KN Katju Marg. 2. The present FIR was registered on the complaint of one, Umang Garg (hereinafter 'complainant'), wherein the complainant alleged that he had appointed the applicant, who was a CA, to look into books of accounts of his business. The applicant was looking after day-to-day business of the complainant and accounts related transactions for the last two years in respect of M/s Ulagarasan Impex Pvt Ltd, the company of the complainant. 3. It has been alleged in the FIR that the applicant induced the complainant to purchase goods/material through different firms, which the applicant claimed to be of his known persons. The complain ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... firms and also produced one pen drive of telephonic conversations between the complainant and the applicant, in which the applicant accepted the fact of doing business with the complainant and also admitted that he had received Rs. 3.5 crores from the complainant. During investigation, it also came to light that an amount of Rs. 10,00,000/- was also transferred from the account of the complainant to the account of the applicant. 7. The addresses of the companies, which had raised invoices/e-way bills were also verified during investigation and were found to be locked. The statement of one Gunjan Nagpal, who was an employee of M/s Asian Enterprises, one of the firms which issued invoices to the complainant, was also recorded. In his statem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt anticipatory bail application is not maintainable in view of the earlier bail applications having been withdrawn by the applicant. There are no change of circumstances for the applicant to move the present bail application. 11. Further, it has been submitted on behalf of the complainant that the applicant used the mediation process as an excuse to enjoy interim protection granted to him, whereas he had no intention to settle the matter. It is further submitted that the police complaint was filed by the complainant on 31st May, 2022, even though the present FIR was registered on 4th September, 2022. 12. In rebuttal, senior counsel appearing for the applicant submits that there was no bar for the applicant to file a fresh anticipatory ba ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plicant to the complainant, the matter was referred for mediation and the applicant was granted interim protection. 16. On 14th March, 2023, it was noted by the Predecessor Bench that the mediation proceedings have not been successful between the parties. However, the interim protection granted to the applicant was extended. 17. In light of the aforementioned facts, in my considered view, the applicant has abused the process of the court. Having withdrawn his anticipatory bail application before this Court on 13th October, 2022 with a liberty to approach the Trial Court, the applicant did not file a fresh application for anticipatory bail before the Sessions Court, but preferred an application for surrender cum bail before the Sessions Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inancial transactions between the complainant and the applicant have also been analyzed, which suggest that the applicant had received a sum of Rs. 3.5 crores from the complainant. 20. The factors to be taken into account while considering grant of anticipatory bail, as explained by the Supreme Court in the case of Sumitha Pradeep v. Arun Kumar CK, 2022 SCC OnLine SC 1529, are (i) prima facie case against the accused; (ii) nature of offence and; (iii) severity of the punishment. 21. In my considered view, the present case is not just relating to the applicant having duped the complainant of a huge sum of money, it also involves allegations of issuing fake invoices and e-way bills for the purposes of GST evasion, which is an econom ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ould reduce to a mere ritual. The argument that the custodial interrogation is fraught with the danger of the person being subjected to third-degree methods need not be countenanced, for, such an argument can be advanced by all accused in all criminal cases. The Court has to presume that responsible police officers would conduct themselves in a responsible manner and that those entrusted with the task of disinterring offences would not conduct themselves as offenders. 21. This Court is of the opinion that grant of anticipatory bail to the present applicant would prejudice the ongoing investigation in the present FIR. In the present case, custodial interrogation of the applicant is required for the aforesaid purposes." 24. In the presen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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