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RAJNISH BHATNAGAR
Sanjeev Jain – Appellant
Versus
State – Respondent
ORDER
Rajnish Bhatnagar, J.
1. The present bail application has been filed by the petitioner under Section 438 Cr.P.C. seeking anticipatory bail in case FIR No. 335/2022 under Sections 420/468/471 IPC registered at Police Station Shahdara.
2. Briefly stated, the present case was registered on the complaint of one Manish Jain, who in his complaint alleged that he is running his business of different types of Bakelite Sheets and laminated board under the name of M/s Bahubali Industries at 279, Double Storey Kabool Nagar Shahdara Delhi. There was business dealing between the complainant and the petitioner. Whenever, the order was placed by the petitioner for supply of board etc. the complainant supplied the same. The complainant supplied the goods at different times by way of different bills and lastly a sum of Rs 28,26,248/- was payable by the petitioner up to 17/03/2019 for which he was giving false assurance but he did not pay the said amount.
3. The complainant contacted the petitioner to pay the remaining balance amount in lieu of supply of goods, but he failed to pay the same. The complainant further alleged that petitioner sent a photo of an e-way bill on the Whatsapp of complainan
Cooperation in the investigation and the absence of a need for custodial interrogation influenced the court's decision to grant anticipatory bail.
The central legal point established in the judgment is that disputes arising from business transactions may be considered of a civil nature, and compliance with court orders, such as joining the inve....
Civil disputes can escalate into criminal offences if evidence of dishonest intention or misrepresentation is present; mere non-payment does not absolve criminal liability.
The seriousness of economic offences, such as GST evasion, and the need for custodial interrogation in cases involving forgery and economic crimes.
Anticipatory bail may be denied when allegations involve clear dishonest inducement, fabrication of financial records, and lack of bona fide effort to discharge liability, even if the primary dispute....
Anticipatory bail is a discretionary remedy that may be denied when there is an inordinate, unexplained delay in seeking relief, as such delay suggests an evasion of the investigative process. Additi....
The court denied anticipatory bail due to serious allegations of cheating, emphasizing the need for custodial interrogation in economic offences to protect societal interest and ensure effective inve....
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