Vimal Mishra vs. State Of Punjab
Held
The High Court allowed the petition for anticipatory bail. The Court found merit in the petition, considering the facts and circumstances, without discussing them in minute detail or expressing an opinion on the merits of the case. The Court noted that the petitioner was an agent of M/s Menthen Foods Private Limited, who supplied the goods and issued the cheque. The petitioner had already joined the investigation and was not required for custodial interrogation. Therefore, sending the petitioner to custody would serve no useful purpose. The interim order granting interim bail was made absolute, subject to the petitioner joining the investigation as and when called upon and abiding by the conditions of Section 438(2) Cr.P.C.
Facts
The petitioner, Vimal Mishra, filed a petition under Section 438 Cr.P.C. for anticipatory bail in FIR No. 281 dated 30.12.2017, registered for offences under Sections 406, 420, and 120-B IPC. The allegations are that M/s Menthen Foods Private Limited ordered 20 MT of skimmed milk powder at ₹234/- per kg plus 2% GST, with the petitioner acting as their agent. The value of the skimmed milk was ₹47,73,000/-, and a cheque for ₹40 lakhs was issued. M/s Menthen Foods Private Limited received 16.750 MT of skimmed milk, but the cheque was dishonoured due to stopped payment. The petitioner claims to be an agent of M/s Menthen Foods Private Limited, who issued the cheque and received the goods. The petitioner had already joined the investigation and was not required for custodial interrogation.
Key Issues
1. Whether the petitioner is entitled to anticipatory bail under Section 438 Cr.P.C. in light of the allegations of cheating and criminal breach of trust related to a transaction involving skimmed milk powder and GST? Petitioner's arguments: The petitioner contended that he was merely an agent of M/s Menthen Foods Private Limited, the company that placed the order and issued the dishonoured cheque. He argued that he had already joined the investigation and was not required for custodial interrogation, suggesting no useful purpose would be served by his arrest. Respondent's arguments: The State, represented by Ms. Monika Jalota, Deputy Advocate General, Punjab, and the complainant, represented by Mr. Deepak Kumar, contested the petition, implying that the petitioner's role as an agent did not absolve him of responsibility in the alleged fraudulent transaction.
Sections Cited
Section 438 Cr.P.C.
AI-generated summary — verify with the full judgment below
In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Misc. No.M-27160 of 2018 ..... Date of decision:10.8.2018
Vimal Mishra .....Petitioner v. State of Punjab .....Respondent .... Present: Mr. Padam Kant Dwivedi, Advocate for the petitioner. Ms. Monika Jalota, Deputy Advocate General, Punjab for the respondent-State. Mr. Deepak Kumar, Advocate for the complainant. ..... Inderjit Singh, J. The petitioner has filed this petition under Section 438 Cr.P.C. for grant of anticipatory bail in case FIR No.281 dated 30.12.2017 registered for the offences under Sections 406, 420 and 120-B IPC at Police Station Phase I, S.A.S. Nagar (Mohali), District S.A.S. Nagar (Mohali). Notice of motion has been issued in this case. Ms. Monika Jalota, learned Deputy Advocate General, Punjab has appeared on behalf of the respondent-State and Mr. Deepak Kumar, learned Advocate has appeared for the complainant and contested this petition. I have heard learned counsel for the parties as well as learned State counsel and have gone through the record. In nutshell the allegations in the FIR are that an order was HARPAL SINGH PARMAR 2018.08.13 10:34 I attest to the accuracy and authenticity
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