408, 420, 34 & 120 b
Guest
(Querist) 24 February 2015
This query is : Resolved
Dear Sir,
I have been charged under section by frauding my company and FIR has been lodged by Local Police Station at 17th December 2014, Interim relief of Anticipatory Bail had been granted till 3 times and yesterday my Interim Relief had been cancelled now what should i do right now i am wanted. Also i given all proofs that i had not done anything but than to court rejected the plea. now i am scared also my company is not settling the FIR i am so much tensed what should i do?
Advocate Kappil Cchandna
(Expert) 24 February 2015
Dear,
Seek the bail from HC first then only think of doing anything else .....
Kapil Chandna Adv 9899011450
Gagandeep Goel
(Expert) 25 February 2015
Hello There
Approach the Hon'ble high court. It will direct you to join the investigation and then there are no. of judgments by Supreme Court also which can be quoted and you shall not be arrested.
Gagandeep Goel
0 987 220 6969
Rajendra K Goyal
(Expert) 25 February 2015
Moving to High Court for bail is the first option.
ajay sethi
(Expert) 25 February 2015
agree with experts
Guest
(Expert) 25 February 2015
Solution to your problem lies in moving bail application in HC.
Guest
(Querist) 25 February 2015
Sir,
Judgement of Session Court is not at all good as Intervener had managed all the things. Than also is there any chances to get AB in High Court?
Guest
(Querist) 05 March 2015
Sir i got an interim order from High Court and Hon'ble High Court give order to investigate complainant itself. So these time we got good support from High Court now what should we do. We got Interim Relief till 19th March.
Devajyoti Barman
(Expert) 05 March 2015
You have got another option in HC. So move there.
Guest
(Querist) 06 March 2015
Sir but now the case went reverse and Hon'ble High Court told Investigating Officer to make inquiry of the Complainant. So is there any hope i get my AB?
Guest
(Querist) 10 March 2015
Please find the order of High Court
Guest
(Querist) 10 March 2015
Bombay High Court
1/4 908-aba.304.2015.doc
nsc.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL ANTICIPATORY BAIL APPLICATION NO.304 OF 2015
Tejas Bhupatrai Shah and Ors. ... Applicants
V/s.
The State of Maharashtra ... Respondent
WITH
CRIMINAL APPLICATION NO.198 OF 2015
(FOR INTERVENTION)
IN
CRIMINAL ANTICIPATORY BAIL APPLICATION NO.304 OF 2015
Pankaj V. Kikavat … Intervener
IN THE MATTER BETWEEN
Tejas Bhupatrai Shah and Ors. ... Applicants
V/s.
The State of Maharashtra ... Respondent
Mr.Raja Thakare i/b Mr.Akash Kavade, for the Applicants.
Ms.P.P.Shinde, APP for the Respondent – State.
Mr.Mohan P. Tekavde a/w Ms.Swati Tekavde, Ms.Aditi Galagali, Mr.Nimeet
Sharma, Elan Umardekar, Amruta Mhaplarkar, for the Intervener –
Original Complainant).
CORAM : REVATI MOHITE DERE, J.
DATED : 4th MARCH, 2015.
P.C.
1. Heard learned counsel for the applicants and learned APP for the
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2/4 908-aba.304.2015.doc
Respondent – State.
2. By this application, the Applicants seek prearrest
bail, in
connection with EOW (Unit IX) C.
R. No.3 of 2015 (earlier lodged with
Tilak Nagar Police Station), for the alleged offences punishable under
Sections 408, 420, 34, 477(A), 120(B) of the Indian Penal Code.
3. Mr.Thakare, learned counsel for the applicants state that the
transaction in the said case pertains from 2008 onwards. He contended
that the applicants were employed with the complainant's Company and
that the FIR was lodged by the complainant, who is the director of
M/s.Mahavir Road and Infrastructure on 17th December, 2014, alleging
misappropriation
of the money of the company to the tune of
Rs.4,55,00,000/.
According to the learned counsel for the applicants, the
companies auditors M/s.V.N.Talati & Company and M/s.J.M.Ashara &
Company, had not found any misappropriation
or any short fall in the
audits of the company that were conducted by them.
4. It appears, that there are two allegations as against the applicants ;
(i) that as the applicants were employed with the complainant, he would
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3/4 908-aba.304.2015.doc
give blank signed cheques to the applicants, which were encashed by the
applicants and the monies were misappropriated
by them and (ii) that
the amounts that were received by the company, were not being credited
by the applicants, in the Company’s account.
5. Learned Counsel for the applicants has relied on one such statement
of account of the applicant no.1 Tejas
B. Shah. In the account of said
Tejas B. Shah in the year 2006 there were cash deposits to the tune of
Rs.11,60,000/made
by the company in his account and after which the
entire amount of Rs.11,60,000/was
transfered back to the Companies
account. He submits that the cash amounts that were deposited into the
applicants account was been transferred back to the companies account.
6. Learned APP submits that there are statements to show that the
applicants had clandestinely misused the cheques and had siphoned off
huge amounts. She relied on one such statement of the proprietor of
'Happy Trading Company'. She submitted that so far there are 32 such
cheques, from 2008 to 2012 that have come to light, which reveal that
the present applicants have siphoned off huge amounts.
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4/4 908-aba.304.2015.doc
7. Considering the nature of the transaction, the investigating officer
to go through the statement of accounts, of the applicants, right from
2006 onwards.
8. Stand over to 19th March, 2015.
9. The applicants shall not be arrested till the next date. The applicant
shall attend the concerned Police Station, between 3.00 p.m. to 6.00 p.m.
from 11th to 13th March, 2015 and from 16th to 18th March, 2015. The
applicants shall cooperate
with the Investigating Agency. The applicants
shall also produce all relevant documents, as sought for by the police.
(REVATI MOHITE DERE, J.)
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Guest
(Querist) 13 March 2015
Bombay High Court
1/4 908-aba.304.2015.doc
nsc.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL ANTICIPATORY BAIL APPLICATION NO.304 OF 2015
Tejas Bhupatrai Shah and Ors. ... Applicants
V/s.
The State of Maharashtra ... Respondent
WITH
CRIMINAL APPLICATION NO.198 OF 2015
(FOR INTERVENTION)
IN
CRIMINAL ANTICIPATORY BAIL APPLICATION NO.304 OF 2015
Pankaj V. Kikavat … Intervener
IN THE MATTER BETWEEN
Tejas Bhupatrai Shah and Ors. ... Applicants
V/s.
The State of Maharashtra ... Respondent
Mr.Raja Thakare i/b Mr.Akash Kavade, for the Applicants.
Ms.P.P.Shinde, APP for the Respondent – State.
Mr.Mohan P. Tekavde a/w Ms.Swati Tekavde, Ms.Aditi Galagali, Mr.Nimeet
Sharma, Elan Umardekar, Amruta Mhaplarkar, for the Intervener –
Original Complainant).
CORAM : REVATI MOHITE DERE, J.
DATED : 4th MARCH, 2015.
P.C.
1. Heard learned counsel for the applicants and learned APP for the
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2/4 908-aba.304.2015.doc
Respondent – State.
2. By this application, the Applicants seek prearrest
bail, in
connection with EOW (Unit IX) C.
R. No.3 of 2015 (earlier lodged with
Tilak Nagar Police Station), for the alleged offences punishable under
Sections 408, 420, 34, 477(A), 120(B) of the Indian Penal Code.
3. Mr.Thakare, learned counsel for the applicants state that the
transaction in the said case pertains from 2008 onwards. He contended
that the applicants were employed with the complainant's Company and
that the FIR was lodged by the complainant, who is the director of
M/s.Mahavir Road and Infrastructure on 17th December, 2014, alleging
misappropriation
of the money of the company to the tune of
Rs.4,55,00,000/.
According to the learned counsel for the applicants, the
companies auditors M/s.V.N.Talati & Company and M/s.J.M.Ashara &
Company, had not found any misappropriation
or any short fall in the
audits of the company that were conducted by them.
4. It appears, that there are two allegations as against the applicants ;
(i) that as the applicants were employed with the complainant, he would
::: Downloaded on - 10/03/2015 11:40:35 :::
Bombay High Court
3/4 908-aba.304.2015.doc
give blank signed cheques to the applicants, which were encashed by the
applicants and the monies were misappropriated
by them and (ii) that
the amounts that were received by the company, were not being credited
by the applicants, in the Company’s account.
5. Learned Counsel for the applicants has relied on one such statement
of account of the applicant no.1 Tejas
B. Shah. In the account of said
Tejas B. Shah in the year 2006 there were cash deposits to the tune of
Rs.11,60,000/made
by the company in his account and after which the
entire amount of Rs.11,60,000/was
transfered back to the Companies
account. He submits that the cash amounts that were deposited into the
applicants account was been transferred back to the companies account.
6. Learned APP submits that there are statements to show that the
applicants had clandestinely misused the cheques and had siphoned off
huge amounts. She relied on one such statement of the proprietor of
'Happy Trading Company'. She submitted that so far there are 32 such
cheques, from 2008 to 2012 that have come to light, which reveal that
the present applicants have siphoned off huge amounts.
::: Downloaded on - 10/03/2015 11:40:35 :::
Bombay High Court
4/4 908-aba.304.2015.doc
7. Considering the nature of the transaction, the investigating officer
to go through the statement of accounts, of the complainant, right from
2006 onwards.
8. Stand over to 19th March, 2015.
9. The applicants shall not be arrested till the next date. The applicant
shall attend the concerned Police Station, between 3.00 p.m. to 6.00 p.m.
from 11th to 13th March, 2015 and from 16th to 18th March, 2015. The
applicants shall cooperate
with the Investigating Agency. The applicants
shall also produce all relevant documents, as sought for by the police.
(REVATI MOHITE DERE, J.)
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Guest
(Querist) 17 March 2015
Day after tmr my Interim Order is getting over. Also i attended department 19 times if my ABA get cancelled and if i surrender how many days P.C. will i get and what about J.C.
Guest
(Querist) 20 April 2015
Sir i had attanded EOW 30 times and till on interim by HC. Will my ABA will get confirm tomorrow? will the property attached by the EOW will be auction before trail.
