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RAJENDRA PRAKASH SONI
Girraj Bansal, Director of Om Shri Shubh Labh Agritech Private – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. This is an anticipatory bail moved on behalf of the petitioners in relation to FIR No. 0005/2024, registered at Police Station Kotwali, District Ganganagar, for the offences punishable under Sections 420 and 406 of the Indian Penal Code.
2. I may briefly refer to the relevant aspects of case of prosecution, as emerging from the F.I.R. allegations which inter alia are that complainant firm deals in agricultural commodities. The directors of the accused company “Om Shri Shubh Labh Agrotech Private Limited” are Girraj Bansal, Ketan, and Akhilesh. The company purchases agricultural commodities through its directors. Credit account of the transactions made by the accused with the complainant has been ongoing since April 1, 2020. As of April 1, 2023, the complainant was owed a total of Rs. 6,71,92,431.25 by the accused. The three directors of the company acknowledged this debt and assured early payment. They issued a cheque for Rs. 5 crore dated December 12, 2023, for this payment. However, the cheque was dishonored when deposited in the bank. In this manner, the accused has committed criminal breach of trust by deliberately usurping the goods and not paying for the commodities
Failure to pay the amount as agreed would prima facie constitute an offence of cheating.
The seriousness of the offences, the accused's cooperation during investigation, and the existence of a prima facie case influenced the court's decision to reject the application for anticipatory bai....
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....
Court grants anticipatory bail based on insufficient allegations and civil nature of dispute over money transactions.
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