Capalpha Trade Pvt. Ltd. vs Ushik Gala

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Bom) 510

N. J. JAMADAR
Capalpha Trade Pvt. Ltd. – Appellant
Versus
Ushik Gala – Respondent

Advocates appeared:
Mr. Mustafa Doctor, Senior Advocate a/w Mr. Subir Kumar a/w Mr. Karan Rukhana a/w Mr. Valentine Mascarenhas a/w Mr. Abhinav Palsikar i/by 3DS Advocates for Applicant; Mr. Ashok Mundargi, Senior Advocate a/w Mr. Vineet Naik, Senior Advocate a/w Mr. Manoj Mohite, Senior Advocate, Mr. Pranav Badheka, Mr. Hrishikesh Mundargi, Ms. Komal Joshi, Mr. Pushkraj Deshpande, Ms. Paavani Chadda, Mr. Piyush Pandhare, Mr. Rohan Marathe i/by ALMT Legal for Respondent No.1; Mr. R. M. Pethe, APP for Respondent No.2/State; API Kamlesh Jadhav, EOW, Unit-5, Mumbai.

JUDGMENT

N. J. Jamadar, J. - The Applicant, a Corporate entity, on whose behalf Vinay Kumar Agarwal had lodged First Information Report (FIR) leading to registration of C.R. No.50 of 2022 with Worli Police Station, Mumbai (subsequently transferred to EOW and registered as EOW CR No.8 of 2022) for the offences punishable under Sections 406, 409, 420, 465, 467, 468, 471 read with Section 34 of the Indian Penal Code, 1860, has preferred this application seeking cancellation of bail granted to Respondent No.1 by the learned Additional Chief Metropolitan Magistrate, 47th Court, Esplanade, Mumbai by an order dated 14th March 2022, primarily on the ground that, the Respondent No.1 has committed breach of the undertaking on the basis of which he was released on bail.

2. The background facts necessary for the determination of this application can be stated in brief as under:-

Capalpha Trade Pvt. Ltd.-first informant's company deals in the business, inter-alia, of trade finance. Capsave is a sister concern of the Applicant herein. Dentsu Communications India Pvt. Ltd. (Dentsu) made a representation to the first informant to initially provide invoice finance and, later on, the first informant co