JUDGMENT

Vinod Goel, J. Apprehending his arrest, the petitioner has invoked the jurisdiction of this court under Section 438 of the Code of Criminal Procedure, 1973 (in short `Cr.PC') praying for grant him anticipatory bail in a case registered vide FIR No. 62/2017, under Section 409 of Indian Penal Code, 1860 (in short `IPC') with Police Station Vasant Kunj (South), New Delhi.

2. This bail application was considered by the learned Vacation Judge on 30.06.2017 when it was contended by the petitioner that he had paid an amount of Rs.54,04,400/- to the complainant's firm. This was disputed by the learned counsel for the Complainant.

3. Status report has been filed.

4. As per the case of the prosecution, the complainant Rajiv Kumar Gupta, a Cost Accountant by profession, had 06 Kgs. of gold bars i.e. 03 pieces of 01 Kg. each and 30 pieces of 100 grams each as his ancestral property. He had good relationship with accused Nikesh Gupta, a gold merchant, dealing in sale and purchase of raw gold with whom he had met through a close acquaintance. On 07.12.2016, the complainant expressed his intention to Nikesh Gupta to sell his 06 Kgs. gold bars to some good buyers. Nikesh Gupta assured him that he would arrange/facilitate the same within a span of one or two hours with the assistance of his partner/business associate Prakash Gupta (the accused/petitioner herein). Pursuant to this discussion, he received a telephonic call from the petitioner at about 02.30 PM, who claimed to have a buyer for gold bars and told him that he would sell the said gold bars at the rate of Rs.3,140/- per gram. Believing the assurance of the petitioner, the complainant called him at his office to collect the gold bars and at about 04.00 PM, after due confirmation with Nikesh Gupta, the complainant entrusted the said 30 gold bars of 100 gram each i.e. 03 Kgs. to the petitioner at his office at Laxmi Nagar, Delhi. He also entrusted remaining 03 gold bars of 1 Kg. each to the petitioner in front of the gate of Santushti Apartment, Vasant Kunj, New Delhi. The petitioner assured the complainant that he would deliver the gold consignment to his and Mr. Nikesh Gupta's associate at Vasant Kunj and would make total payment of Rs.1,88,60,000/- by cheque. The complainant specifically asked the petitioner not to sell the gold in cash and receive the payment only through cheque and only on his positive response, he entrusted 06 Kgs. of gold bars to the petitioner. The petitioner confirmed to the complainant that he would deliver the cheque of Rs.1,88,60,000/- at about 07.00 PM. However, at about 06.00 PM, the complainant received a call from Nikesh Gupta and the complainant informed him about the delivery of 06 Kgs. gold bars to the petitioner and requested him to take care of the transaction, which was in his knowledge as he was the person, who was facilitating the entire deal.

5. The complainant was waiting for his cheque at his office and when the petitioner did not turn up till 07.00 PM, the complainant made several calls to the petitioner, who informed the complainant at about 09.00 PM that the party, who had purchased the gold bars paid him cash instead of cheque and he would deliver him the same in his office within one hour's time. At about 09.30 PM, the petitioner again called the complainant and put up a concocted story that he had been robbed by 2/3 persons near Mehrauli-Vasant Kunj Road, New Delhi. The complainant called up Nikesh Gupta about the incident, who told him that the petitioner was also carrying his cash and that too was robbed which amounted to Rs.3,00,00,000/-. Later on, the complainant met Nikesh Gupta at Hotel Shangrila, Ashok Road, New Delhi, who assured the complainant that he will go in depth of the story of the petitioner and solve his problem. The complainant made some inquiries and found that they have made false and frivolous story of robbery and in fact they have misappropriated his 06 Kgs. of gold bars amounting to Rs.1,88,60,000