Gaurav Mittu vs State
2020 Latest Caselaw 1620 Del

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                    Date of Decision:- 13.03.2020

+        Bail Appl. No. 2511/2019
         GAURAV MITTU                                 ..... Petitioner

                           Through:       Mr. Rakesh Chahar & Mr.
                                          Rishabh Sharma, Advocates

                           versus

         STATE                                        ..... Respondent

                           Through:       Mr. Tarang Srivastava,
                                          Additional Public Prosecutor
                                          for State with SI Anil Mr.
                                          Shafiq Khan, Advocate with
                                          Mr. Hukum Chand Rana,
                                          Complainant in person.

CORAM:

HON'BLE MR. JUSTICE BRIJESH SETHI

                              JUDGMENT

BRIJESH SETHI, J (ORAL)

1. Vide this order, I shall dispose of a bail application filed

under Section 439 Cr.P.C. on behalf of the petitioner Gaurav

Mittu in FIR no. 377/2017, u/S. 420 IPC, PS Kanjhawala.

2. Ld. Counsel for the petitioner has prayed for bail on the

ground that petitioner is innocent and has been falsely implicated.

Petitioner is in JC since 20.08.2019. It is submitted that the present

FIR has been lodged to extort huge amount from the petitioner. It

is further submitted that petitioner has no criminal antecedents and

there are no chances of his absconding. It is, therefore, prayed that

petitioner be released on bail.

3. Ld. APP for the State has opposed the bail application on the

ground that the allegations against the petitioner are serious in

nature. Petitioner has caused wrongful loss to the petitioner to the

tune of Rs. 12,50,000/-for supply of CT Scan machine but neither

supplied the same nor returned the paid money. He has, therefore

prayed for dismissal of the bail application.

4. I have considered the rival submissions. As per prosecution

version, complainant Sh. Hukam Chand Rana, Chairman of Savitri

Hospital, Kanjhawala, Delhi made a complaint on 18.10.2017

alleging that on 25.05.2016, one Subhash Mittu along with his son

Gaurav Mittu (petitioner) approached him and introduced petitioner

as proprietor of M/S Medifield Equipment and supplier of medical

equipments to the hospitals. An agreement was executed between

Dr. Naveen Rana (son of complainant) and petitioner for supply of

Siemens 6 Slice Emotion Model/CT Scan Machine worth Rs.

55,00,000/- and payment of Rs. 12,50,000/- was made through

cheque in the account of Medifield Account. It is further alleged

that neither CT Scan machine were supplied nor payment was

returned to the complainant. On 20.08.2019, petitioner was

arrested and during interrogation, he disclosed that he is the

proprietor of M/S Medifield Equipment. Bank account statement

of Savitri Hospital Charitable trust and M/S Medifield Equipments

were obtained. As per statements, on 08.07.2016, a cheque of Rs.

12,50,000/- was got cleared by the petitioner into his account but

payment was not made to Siemens Company.

5. Thus perusal of record reveals that the petitioner has cheated

the complainant and misappropriated the money taken from the son

of the complainant for the purpose of supplying CT Scan Machine.

Petitioner was earlier declared absconder also by the Ld. MM,

Rohini Court before his arrest. In view of the above facts

appearing on record which, prima facie show active involvement of

the petitioner in cheating the complainant to the tune of Rs.

12,50,000/-, no grounds for bail are made out at this stage. The bail

application is, therefore, dismissed and stands disposed of

accordingly.

BRIJESH SETHI, J MARCH 13, 2020 Ak