Allahabad High Court
Faisal Ahmad Qureshi vs State Of U.P. on 17 February, 2021
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
Reserved on 28.01.2021
Delivered on 17.02.2021
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1770 of 2021
Applicant :- Faisal Ahmad Qureshi
Opposite Party :- State of U.P.
Counsel for Applicant :- Sadaful Islam Jafri,Iqubal Hussain,Nazrul Islam Jafri(Senior Adv.)
Counsel for Opposite Party :- G.A.,Rakesh Kumar Srivastava
Hon'ble Siddharth,J.
Heard Sri Nazrul Islam Jafri, Senior Advocate, assisted by Sri Sadaful Islam Jafri, learned counsels for the applicant; Sri Rakesh Kumar Srivastava, learned counsel for the informant and learned A.G.A. for the State.
The applicant was implicated for the offence in Case Crime No.244 of 2018, under Sections 420, 406, 120-B I.P.C, Police Station Sector 39, District Gautam Budh Nagar by the informant, Atul Arora, alleging that initially the informant and the applicant were friends. The applicant convinced the informant to invest in his business of builder and he invested an amount of Rs.26 lakhs as per agreement dated 03.10.2016. It was agreed that an amount of Rs. One crore 48 lakhs 10 thousand shall be returned to the informant as per memorandum of understanding dated 03.06.2015. The applicant returned Rs.,12,50,000/- and an amount of Rs.28,10,000/- was waived off by the informant and some cheques were given by applicant towards the liability towards the informant, which were dishonoured on the ground that the account was closed. Thereafter threats were extended to the informant. He has suffered loss of Rs.One crore, 85 lakhs hence the first information report was lodged.
Learned Senior Advocate, appearing on behalf of the applicant, has submitted that there was purely business dispute between the parties and the first information report has been lodged only for recovery of money. There is civil remedy for recovery of money. Charge-sheet has already been submitted against the applicant by the Investigating Officer and he challenged the charge-sheet before this court by way of Application under Section 482 Cr.P.C. No.38151 of 2018, which was disposed of by the order dated 29.10.2018 directing the applicant to surrender before the court below within 30 days and apply for bail. He has finally submitted that the Investigating Officer has submitted the charge-sheet without considering the case in its correct perspective. He has relied upon the judgment of the Apex Court in Criminal Appeal No.1006 of 2019, Kamlesh and another Vs The State of Rajasthan and another, decided on 9th July, 2019, wherein the Apex Court has held that even after rejection of the Application under Section 482 Cr.P.C praying for quashing of first information report an application of Anticipatory Bail of an accused is maintainable and cannot be rejected on the aforesaid ground.
Learned counsel for the informant has vehemently opposed the prayer made on behalf of the applicant. He has placed before this court the order-sheet of the court below to show that non bailable warrants were issued against the applicant in November, 2018 by the Trial Court . Since then he is not appearing. Charge-sheet has been submitted against the applicant on 12.06.2018. The order of the Delhi District Court dated 03.02.2020 has been placed before the Court by the learned counsel for the informant wherein the applicant is an accused in Complaint Case No. 58966 of 2016, under Section 138 N.I. Act. In this case during mediation proceedings the applicant agreed to settle the dispute with the complainant but did not honoured his commitment. Thereafter matter was reopened by initiating fresh proceedings by the complainant, which is pending. It has been submitted that applicant is the cheat. Therefore, charge-sheet has been submitted against him under Sections 420, 406, 120-B I.P.C.
Learned AGA has also opposed the prayer for anticipatory bail of the applicant. He has submitted that in view of the seriousness of the allegations made against the applicant, he is not entitled to grant of anticipatory bail. The apprehension of the applicant is not founded on any material on record. Only on the basis of imaginary fear anticipatory bail cannot be granted.
After hearing learned counsel for the parties, this court finds that the applicant had issued some cheques admitting his liability against the informant. The cheques have been dishonoured. Charge-sheet has already be submitted against him on 12.06.2018. On account of his non cooperation the trial has not proceeded. Regarding judgment of Kamlesh and another (supra) of the Apex Court cited on behalf of the applicant, it appears that the application under Section 482 Cr.P.C was rejected by the High Court in that case on the ground that prayer for quashing the first information report cannot be allowed, hence the Supreme Court directed that Anticipatory Bail application will not be barred and directed that the applicant shall not be arrested during investigation and they shall cooperate with the same. In the present case investigation has been completed and charge-sheet has already been submitted. Vide Criminal Misc. Application under Section 482 Cr.P.C No.38151 of 2018 the prayer for quashing charge-sheet was turned down and the applicant was directed to surrender before the court within 30 days from the date of order dated 29.10.2018, which he did not complied and more than two years have passed. At this stage granting of anticipatory bail to the applicant would not justified.
Application lacks merit and is accordingly rejected.
Order Date :- 17.02.2021
SS
