Madhya Pradesh High Court
Sanjay Bansal vs The State Of Madhya Pradesh on 16 February, 2022
Author: Gurpal Singh Ahluwalia
THE HIGH COURT OF MADHYA PRADESH
MCRC No. 7449/2022
(SANJAY BANSAL Vs STATE OF MADHYA PRADESH)
Gwalior, Dated : 16/02/2022
Shri Vivek Vyas, Counsel for applicant.
Shri Lokendra Shrivastava, Counsel for State.
Case diary is available.
This first application under Section 438 of CrPC has been filed
for grant of anticipatory bail.
The applicant apprehends his arrest in connection with Crime
No.47/2022 registered at Police Station - Kotwali, District Morena for
offence punishable under Sections 420, 406, 323, 294, 506(2), 34 of
IPC.
It is submitted by the Counsel for the applicant that earlier the
applicant was running a news agency and it was agreed upon between
the parties that the publisher would take back the unsold copy of news
papers and in fact the unsold copies were returned to the publisher.
However, now the publisher is demanding the cost of unsold copies of
newspapers. It is further submitted that the dispute is purely of civil in
nature. However, in order to show his bonafides, applicant is ready
and willing to abide by any stringent condition which may be imposed
by the Court. There is no likelihood of his absconding or tampering
with prosecution case.
Per Contra, the application is opposed by the State Counsel. It
is submitted that the news agency was given to applicant in the year
2014 which continued up to 01.10.2020 and the news papers were
THE HIGH COURT OF MADHYA PRADESH
MCRC No. 7449/2022
(SANJAY BANSAL Vs STATE OF MADHYA PRADESH)
supplied regularly and a total amount of Rs.2,71,914/- is still
outstanding. On various occasions, the applicant was requested to
make payment but neither he made the payment nor proper reply was
given. When the complainant went to the house of applicant to recover
the amount, he was manhandled and beaten by applicant and his wife.
Heard learned Counsel for the parties.
According to the prosecution case, in the year 2014, the
applicant was given the news agency of news paper Nai Duniya which
continued up to 01.10.2020. According to the complainant, a total
amount of Rs.2,71,914/- is outstanding. The police case diary does not
contain the break up of the outstanding amount. Undisputedly, the
relationship between the applicant and complainant was commercial
in nature. The period of limitation for recovery of money is three
years, and thus the arrears which had accrued up to the year 2018 had
become barred by limitation in the year 2021, then how the
complainant can use the muscle power for recovery of time barred
arrears? Furthermore, if any amount is outstanding against the
applicant on account of any commercial transaction, then complainant
must approach the Civil Court for recovery of said amount and the
commercial transactions cannot be given the color of criminal case.
Considering the facts and circumstances of the case and without
commenting on the merits of the case, the application is allowed
subject to condition that if the applicant appears before the
THE HIGH COURT OF MADHYA PRADESH
MCRC No. 7449/2022
(SANJAY BANSAL Vs STATE OF MADHYA PRADESH)
Investigating Officer (Arresting Officer) on or before 23.02.2022, he
shall be released on bail on his furnishing a personal bond in the sum
of Rs.1,00,000/- (Rupees One Lac Only) with one surety in the like
amount to the satisfaction of the Arresting Officer (Investigating
Officer).
The applicant shall make himself available for interrogation by
the Investigating Officer as and when required. He shall further abide
by the other conditions enumerated in sub-section (2) of Section 438
of Cr. P. C.
It is made clear that in case if the applicant fails to appear
before the Investigating Officer (Arresting Authority) on or before
23.02.2022, then this order shall lose its effect and the Investigating
Officer shall be at liberty to take him in custody.
In the light of the judgment passed by the Supreme Court in the
case of Aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021
in Criminal Appeal No.329/2021, the intimation regarding grant of
bail be sent to the complainant.
CC as per rules.
(G.S. Ahluwalia)
Judge
Aman
AMAN TIWARI
2022.02.17 10:02:06
+05'30'
