Mohit Kumar Goyal vs State of U. P. - 2023 Supreme(All) 983

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 983

IN THE HIGH COURT OF ALLAHABAD
SHIV SHANKER PRASAD, J.
Mohit Kumar Goyal – Appellant
Versus
State of U.P. and Another – Respondents
Criminal Revision No.301 of 2023
Decided on : 22-08-2023

Advocates:
Advocate Appeared:
For the Appellant : Prashant Vyas, Kanchan Sharma, Nitin Kumar Agrawal
For the Respondent: G.A., Saumitra Dwivedi

Headnote:
Indian Penal Code,1860 - Sections 420, 467, 468, 471, 406 & 120-B - Offence of Cheating – Forgery – Criminal Conspiracy – Criminal Breach of Trust – Charged - Challenged - Held, mere fact that an accused has been granted transit anticipatory bail, does not means that regular court, under whose jurisdiction case would fall, would extend such transit anticipatory bail and would convert such transit anticipatory bail into anticipatory bail - Court also finds that the second issue goes against the revisionist - Criminal revision under Section 397/401 Cr.P.C. against such an interlocutory/interim order like order impugned is not maintainable - Criminal revision is dismissed.

JUDGMENT :

1. Heard Sri Nitin Kumar Agarwal, Advocate holding the brief of Ms. Kanchan Sharma, Advocate, Sri Prashant Vyas, learned counsel for the revisionist, Sri Vinay Saran, learned Senior Counsel assisted by Sri Pradeep Kumar Mishra, learned counsel for the opposite party no. 2 and Mr. Ratnesh Nandan Singh, learned A.G.A.-I for the State.

2. By means of the present criminal revision, the revisionist is challenging the order dated 03.11.2022 passed by Second Additional Chief Judicial Magistrate, Gautam Budh Nagar in Case Crime No. 106 of 2021, under Sections 406, 420, 467, 468, 471 & 120-B I.P.C., Police Station Surajpur, District Gautam Budh Nagar, whereby the learned Magistrate has accepted the remand and issued "B" warrant as also directed the accused-revisionist to appear in jail.

FACTS AS CROPPED UP FROM THE RECORDS

3. A first information report has been lodged by the informant, namely, Devendra Bansal on 09.02.2021 at 0634 hrs. against the revisionist and 5 others, which was registered as Case Crime No.106 of 2021, under Sections 420, 467, 468, 471, 406 & 120-B IPC, Police Station-Surajpur, District-Central Commissionerate Gautam Budh Nagar for the alleged incident in which no date and time of the incident were .M. 4thmentioned. In the first information report, it has been alleged that the revisionist, his wife Dharna Garg in collusion with four others have taken total Rs. 1.96 crores from the informant and his wife for business by making a forged company and they have not returned the same to the informant and cheated them also.

4. The revisionist is also accused in FIR No. 838 of 2021, Police Station-Noida Sector-58, dated 20th September, 2021. Both the aforesaid cases have been investigated by Special Investigating Team (SIT) headed by Inspector Ravinder Gautam.

5. In Case Crime No. 0106 of 2021 dated 9th February, 2021, under Sections 420, 467, 468, 471, 406 & 120-B IPC, Police Station-Surajpur, District-Central Commissionerate Gautam Budh Nagar, the revisionist has moved an application under Section 438 Cr.P.C. (Transit Anticipatory Bail) before the Rohini Courts, Delhi, which has been granted vide order dated 2nd November, 2022, a copy of which has been enclosed as Annexure-8 to the affidavit accompanying the present criminal revision.

6. On 3rd November, 2022, the revisionist was produced before the Additional Chief Judicial Magistrate-II, Gautam Budh Nagar whereby his oral prayer that since he has already been granted transit anticipatory bail by the Additional Sessions Judge, Rohini Court, Delhi for a period of eight days, he may be granted some protection from that Court for the said period, has been rejected the concerned Magistrate after observing that the Rohini Court in granting transit anticipatory bail to the revisionist has no jurisdiction. It is against this order that the present revision has been filed.

7. It is pertinent to mention here that the revisionist had approached the Hon'ble Apex Court by filing Writ Petition (Crl) No. 505 of 2022 (Mohit Kumar Goyal vs. State of U.P. and others), where he had challenged the order dated 03.11.2022 and the Apex Court had directed to avail the remedies in accordance with law.

CASE OF THE REVISIONIST

8. The revisionist Mohit Kumar Goyal is Ex-Director of M/s. Family of Dry Fruits India Private Limited, having its office at U-25/A, DLF Phase-3, Near Pink Town, House Market, Sector-24, Gurugram (Haryana). The revisionist had never formed the company namely M/s. R.D. Dry Fruits Pvt. Ltd. and M/s. Seth Ji Dry Fruits Pvt. Ltd. The revisionist is not the director/share holder/beneficiary or signatory in M/s. R.D. Dry Fruits Pvt. Ltd. and M/s. Seth Ji Dry Fruits Pvt. Ltd. The revisionist' company and Shree Shyam Trading Company are distinct company and Proprietor of Shree Shyam Trading Co. is nowhere concerned with the affairs of M/s. Family of Dry Fruits India Pvt. Ltd. The revisionist had not transferred any fund in their own personal account nor the single amount had been