Back
DEEPAK GUPTA
Ashwani Kumar Goel – Appellant
Versus
State of Haryana – Respondent
DEEPAK GUPTA, J.
By way of this petition filed under Section 438 CrPC, petitioners pray for grant of anticipatory bail in case FIR No.466 dated 03.11.2021 registered at Police Station Baldev Nagar, District Ambala, under Sections 406/420/506 IPC.
2. FIR is based on a complaint dated 02.11.2021 made by Shri Pushkar Raj Gulati, proprietor of the firm M/s Gulati Engineers, engaged in the business of trading of mixers and electrical goods. Said complaint was directed against the petitioners, the partners of M/s Electro Max Home Appliances, which is engaged in the business of manufacturing all kinds of mouldings and electrical appliances. It was alleged that in 2018, the complainant-firm had ordered juicers, mixers, grinders etc. from the firm of the accused and had paid total amount of `38,02,000/- during 03.10.2018 to 20.12.2018. Despite receipt of the amount, neither the goods were delivered to the complainant-firm nor was the amount returned. It was further alleged that on 18.10.2021, when the complainant and his son met the petitioners-accused and asked for their money, they were abused and threatened.
3. (i) It is contended by ld. counsel for the petitioners that though the occurrenc
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....
Cooperation in the investigation and the absence of a need for custodial interrogation influenced the court's decision to grant anticipatory bail.
The court affirmed that civil and criminal remedies can coexist, and the existence of a civil remedy does not bar criminal prosecution for offences such as cheating and breach of trust.
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....
Civil disputes can escalate into criminal offences if evidence of dishonest intention or misrepresentation is present; mere non-payment does not absolve criminal liability.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
