BAIL APPLN. 743/2018

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Decided on: 20^th April, 2018

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BAIL APPLN. 743/2018

ARUN BHARDWAJ

..... Petitioner

Represented by:

Mr. Ajay Burman, Senior

Advocate with Mr. Kunal

Malhotra and Mr. Atul Sahi,

Advocates.

versus

STATE (GOVT OF NCT OF DELHI)

..... Respondent

Represented by:

Mr. Ashok Kumar Garg, APP

for the State with SI Ashok

Ahlawat, PS Vikaspuri.

Mr. Sudhir Nandrajog, Senior

Advocate with Mr. Vivek

Sharma and Mr. Anshul Garg,

Advocates for complainants.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

MUKTA GUPTA, J. (ORAL)

1.

By this petition, the petitioner seeks anticipatory bail in case FIR No.

600/2016 under Sections 420/406/120B IPC registered at PS Vikas Puri,

Delhi on the complaint of Kuldeep Singh.

2.

Allegations in the above noted FIR on the complaint of Kuldeep

Singh are that he registered himself with Franchise India Pvt. Ltd. (in short

‘FIPL’) to find out a business/investment opportunity where he was

introduced to alleged M/s. Sera Cue Labs Pvt. Ltd. (in short ‘Sera Cue’) and

its pathology lab business who had given an advertisement in “The

Franchise World Magazine-June 2015 Edition” prepared by Franchise India

on behalf of Sera Cue. The complainant was promised by Sera Cue to set up

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a complete pathology lab with fully automatic, non-touch technology

machines worth ₹1.25 to ₹1.50 crores with 10-12 qualified employees

wherein all the lab management, administration, operations, expenses and

advertisement was to be taken care by Sera Cue through its Directors/

officials. In return the complainant was asked to make one time investment

of ₹45-55 lakhs. On the aforesaid promise, complainant entered into a

Franchisee Agreement with Sera Cue on 15^th October, 2015 at Vikas Puri

and made a payment of ₹40 lakhs between 15^th October, 2015 to 1^st

December, 2015 vide various cheqeus. He further invested ₹10-12 lakhs in

lab infrastructure and took the lab premises on rent for a monthly rent of

₹45,000/-. Complainant’s lab was inaugurated on 17^th January, 2016 at S-

371, Ground Floor, Uppal Southend, Sector-49, Sohna Road, Gurugram

after the premises was duly approved by the company Director/officials of

Sera Cue. However, in the laboratory only two staff members were posted

and with very basic equipments worth ₹2-3 lakhs approximately which were

taken on rent from one M/s Kuber Inc. The accused persons also did not

pay for the staff salary, electricity and telephone bills, amount due to the

vendors and also stopped paying the monthly amount due towards the

complainant after May, 2016. Sera Cue also did not deposit its taxes and

TDS deducted from its staff and franchisee payments with the Income tax

department. While the present complaint was pending, two more

complainants Surender Singh and Ashish Garg also filed the complaints.

Thus they were also joined as victims in the above noted FIR.

3.

Learned Senior Counsel for the petitioner contends that though the

name of the petitioner has been mentioned, however, on a bare perusal of the

FIR there is no allegation that he either induced or promised and was not

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even the person responsible for carrying out the Franchisee Agreement. The

petitioner was introduced as an Additional Director by virtue of his

investment in the company Sera Cue for which a Memorandum of

Understanding dated 16^th March, 2015 was entered into between Ms. Ritu

Sahi, Arvinder Singh and Ms. Gurpreet Kaur who were the Directors of the

company Sera Cue Pvt. Ltd. The MOU dated 16^th March, 2015 notices that

the petitioner was investing a sum of ₹40 lakhs as unsecured loan and the

Directors would transfer shares in the name of the petitioner. He further

states that due to the illegal activities of the erstwhile Directors of Sera Cue,

the petitioner was also constrained to file a complai