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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MILIND N.JADHAV
Tejas Lalit Soni – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
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| 1. case involves anticipatory bail application due to allegations under indian penal code. (Para 2 , 3) |
| 2. arguments presented for and against the anticipatory bail focus on contractual obligations. (Para 4 , 5) |
| 3. prior cases clarify the distinction between civil and criminal cases regarding breaches. (Para 22) |
JUDGMENT :
MILIND N. JADHAV, J.
1. Heard Mr. Ghag, learned Advocate for Applicant; Ms. Gajare- Dhumal, learned APP for Respondent No.1 - State and Mr. Malik, learned Advocate for Respondent No.2/Intervener - First Informant.
2. This Anticipatory Bail Application is filed under Section 438 of Code of Criminal Procedure, 1973. Applicant apprehends arrest since he is named in FIR bearing No. 1448 of 2024 dated 21.12.2024 registered with Amboli Police Station for offences punishable under Sections 420 and 409 of the Indian Penal Code, 1860 (for short "IPC"). The FIR was transferred to Economic Offences Wing (EOW) Unit – 5, General Cheating III, Mumbai and re-numbered as CR No.74 of 2024.
3. Prosecution case emanates from the version narrated by Respondent No.2 – Complainant in the FIR. The version initiates in the backdrop of a Sole Selling Distribution Agreement dated
Criminal machinery cannot be applied to disputes primarily of a civil nature without clear evidence of fraud or deception at inception.
Criminal proceedings cannot be initiated for purely civil disputes; necessary intent for criminal charges must be evident, or they risk being quashed as an abuse of legal process.
The court held that the age and health of the applicants, along with the nature of the allegations, justified granting bail despite serious charges under economic offences.
The ingredients of the offenses under Sections 405/406/420 IPC are prima facie present in the case, as there was evidence of entrustment of the jewelry, dishonest intention at the time of the transac....
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