IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE VIVEK RUSIA st ON THE 1 OF SEPTEMBER, 2023 MISC. CRIMINAL CASE No. 39661 of 2022 BETWEEN:-

MOHAMMAD SAIEED SHEIKH S/O LATE MOHAMMAD YUSUF SHEIKH, AGED ABOUT 41 YEARS, OCCUPATION: BUSINESS FLAT NO. 205, BANK OF BARODA KE UPPER, 61/1, SNEHLATAGANJ, INDORE (MADHYA PRADESH)

.....APPLICANT (BY SHRI MAHENDRA KUMAR SHARMA, ADVOCATE)

AND THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER

1.

THROUG POLICE STATION VIJAY NAGAR, (MADHYA PRADESH)

PREMCHAND GUPTA S/O DEVIDAYAL GUPTA P.I.O.M. COMPLEX

2. PRIVATE LIMITED PLOT NO. 67 B, INDUSTRIAL AREA SECTOR E, SANWER ROAD, INDORE (MADHYA PRADESH)

.....RESPONDENTS (RESPONDENT NO.1 / STATE BY SHRI SUDARSHAN JOSHI, GOVERNMENT ADVOCATE)

(RESPONDENT NO.2 BY SHRI RAVINDRA SINGH CHHABRA, SENIOR ADVOCATE ASSISTED BY SHRI GAURAV CHHABRA, ADVOCATE)

This application coming on for admission this day, the court passed the following:

O R D E R The applicant/complainant has filed the present application under Section 439(2) of the Code of Criminal Procedure, 1973 seeking cancellation of anticipatory bail granted to non-applicant No.2 vide order dated 10.02.2021 passed in M.Cr.C. No.5006 of

2021.

02. The applicant is engaged in the sale of iron scrap in the name of Royal Traders Company. He lodged an FIR at the Police Station against Non-applicant No.2 and 8 others that they hatched the conspiracy and caused losses of Rs. 1,05,00,000.00 by way of cheating and forgery. The prosecution story in short is that the applicant was the only person authorized to buy scrap from V.E. Industries. He used to sell this scrap to other firms. However, he fell seriously ill in the month of May 2018 and therefore, authorized the applicant to use his account for purchasing scrap from V.E. Industries for a sum of Rs.1,05,00,000/- and this amount was given to the V.E. Industries from the account of firm Royal Traders. However, the accused after obtaining the scrap from V.E. Industries sold it off to other firm and transferred the sale amount to their firm instead of the firm of the complainant, i.e. Royal Traders thereby causing a huge loss amounting to Rs.1,05,00,000/- to him. On the basis of the complaint, the investigation was completed, and a charge sheet was filed on 14.2.2020.

03. Non-applicant No.2 approached this Court by way of an application under Section 438 of the Cr.P.C. mainly on the ground that in the alleged transaction, he acted as an agent for the sale of iron scrap by the Company of the complainant to Rathi Iron & Steel Industries and he was nowhere involved in the conspiracy. The application was opposed by the complainant on the ground that he acted as an agent of Rathi Iron & Steel Industries having full knowledge about the plan made by the co-accused persons. However, vide order dated 10.02.2021, this Court granted anticipatory bail to non-applicant No.2.

04. After the aforesaid order, the applicant sent a legal notice to Rathi Iron & Steel Industries and sought certain information about the sale of iron scrap from 28.05.2018 to 31.05.2018 under the threat of making them accused in the pending investigation. Thereafter, the Investigating Officer has also sent a notice under Section 91 of the Cr.P.C. to the Manager and in response to it, Rathi Iron & Steel Industries furnished transport bilti, e-Way bills and details of lager in respect of the sale of a scrap of iron and steel through Vehicle No.MP 09 KD 9507 amounting to Rs.7,79,530/- from Salasar Industries to Jaideep Ispat & Alloy Private Limited. According to the complainant, Salasar Industries is owned by non-applicant No.2 and Jaideep Ispat & Alloy Private Limited is a sister concern of Rakhi Iron & Steel Industries, therefore, without purchasing the material from the complainant, non-applicant No.2 on the basis of the forged bill received the amount in his account. Shri Sharma learned counsel for the applicant submits that bail to non-applicant No.2 is liable to be cancelled, as he has obtain