Aakash Khanna vs. State Of Chhattisgarh
Facts
The applicant, Aakash Khanna, filed a first bail application under Section 438 of the Code of Criminal Procedure, 1973, seeking anticipatory bail. He apprehended arrest in connection with Crime No. 200/2023 registered at Police Station Ramanujganj, District Balrampur-Ramanujganj (CG), for offences under Sections 420 and 34 of the Indian Penal Code. The prosecution alleged that the complainant paid an advance of Rs. 26,74,000/- to the company R.K. Paul, Ramesh Chand and Brother for the supply of umbrellas. The complainant claimed that neither the umbrellas nor the money were returned, and despite assurances, the material was not supplied, causing business loss. The applicant was accused of cheating.
Held
The Court considered the facts of the case and the material collected by the prosecution. It noted that the complainant's statement recorded under Section 161 CrPC categorically stated that he had given money to Aakash Khanna and his father. The Court observed that no document was filed to substantiate the applicant's claim that he was not responsible for the day-to-day affairs of the company. Prima facie, the Court found the applicant's involvement in the case. Therefore, the Court was of the view that no case was made out for granting anticipatory bail to the applicant. The application under Section 438 of CrPC was rejected.
Key Issues
1. Whether the applicant, who claims to be an agent of the company and not a director, can be held responsible for the alleged offence of cheating under Sections 420 and 34 of the IPC, considering the GST registration of the company names R.K. Paul? Petitioner's Contention: The applicant argued that he is merely an agent of the company and not a director, and therefore, cannot be held responsible for the company's actions. He submitted the GST registration number of the company, which lists R.K. Paul as the company name, to support his claim. Respondent's Contention: The State opposed the bail application, submitting that the complainant's statement recorded under Section 161 of the CrPC clearly implicates the applicant. The State prayed for the rejection of the bail application.
Sections Cited
Section 420, Section 34, Section 438
AI-generated summary — verify with the full judgment below
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 47 of 2024 Aakash Khanna S/o Ajay Khanna Aged About 33 Years R/o R.K. Pal Ramesh Chandrapal And Company-14, Pragya Patti Stick-7 Kolkata, District : Kolkata, West Bengal ---- Applicant Versus State of Chhattisgarh Through P.S. Ramanujganj, District Balrampur- Ramanujganj (C.G.) --- Respondent _____________________________________________________________ For Applicant : Mr. Syed Ishhadil Ali, Advocate. For State/ Respondent : Mr. Gary Mukhopadhyay, Govt. Advocate ______________________________________________________________ Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 17/01/2024
Today the case is listed for hearing on admission since the case diary is available with the State counsel, as such the case is heard finally.
This is the first bail application filed by the applicant under Section 438 of the Code of Criminal Procedure, 1973, for grant of anticipatory bail, who has apprehension of being arrested in connection with Crime No. 200/2023, registered at Police Station– Ramanujganj, District Balrampur- Ramanujganj (CG) for the offence punishable under Sections 420,34 of the IPC.
Case o
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