[Cites 6, Cited by 0]
Madhya Pradesh High Court
Nitin Chandilya vs The State Of Madhya Pradesh on 3 February, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:3423
1 MCRC-944-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 3 rd OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 944 of 2026
NITIN CHANDILYA
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Sanjay Kumar Sharma, Advocate for the applicant.
Shri Ayushyaman Choudhary, Govt. Advocate for the respondent/State.
Shri Naresh Piplodiya, Advocate and Shri Virendra Thakur, Advocate for
the respondent [OBJ].
ORDER
1. This first application has been filed by applicant under Section 482 of
Bharatiya Nagarik Suraksha Sanhita 2023 for grant of anticipatory bail in
connection with Crime No. 476 of 2024 registered at Police Station-Industrial
Area, Jaora, District-Ratlam(M.P.) for offence punishable under Sections 420,
467, 468, 471 and 120-B of IPC. The applicant is apprehending his arrest in the
matter.
2. Heard the arguments.
3. Perused the grounds for grant of bail stated in the application, case diary
and the relevant material on record.
4. Learned Counsel for the applicant, in addition to the grounds mentioned
in the application, submits that applicant has been falsely implicated in this matter
merely. It is a business dispute inter se between the relatives. The applicant - Nitin
Chandilya had resigned from M/s. Shubh Riddhi Agri Foods Product Pvt. Ltd.
NEUTRAL CITATION NO. 2026:MPHC-IND:3423
2 MCRC-944-2026
w.e.f. 07.07.2021. Therefore, his capacity remains as share-holder in the firm.
Learned counsel referring to the print out from the website of the Ministry of
Corporate Affairs dated 27.01.2016 contends that applicant Nitin Chandilya is
shown as Director for the period 30.06.2014 to 07.07.2021. Therefore, he cannot
be held responsible for the conduct of business of M/s. Shubh Riddhi Agri Foods
Product Pvt. Ltd. after 07.07.2021. Learned counsel further referring to the MOU
in dispute dated 18.07.2022 submits that the interest of complainant Bhupendra
Dangi have been protected in the MOU. No wrongful loss was suffered by
Bhupendra Dangi and no wrongful gain was received by applicant Nitin
Chandilya. Therefore, the offence of cheating is not made out. Learned counsel
further submits that there is no documents to suggest fraudulent transaction by
applicant Nitin Chandilya, therefore, the offence alleged under Sections 468 and
471 of IPC is also not made out. Learned counsel further submits that applicant
enjoys good character and social standing. Jail incarceration on false accusation
would cause hardship to the applicant and his family. The investigation is almost
complete. He is ready to cooperate in investigation. Co-accused Malka Devi has
been extended benefit of anticipatory bail vide order dated 11.12.2025, passed in
M.Cr.C. No.50595/2025. Therefore, applicant be extended the benefit of
anticipatory bail.
5. Per contra, learned Counsel for the State, ably assisted by learned
counsel for the objector, opposes the bail application on the ground of gravity of
alleged offence. Learned counsel further contends that despite proposed
resignation dated 07.07.2021, applicant Nitin Chandilya continued as Director of
M/s. Shubh Riddhi Agri Foods Product Pvt. Ltd.. He had signed the MOU in
question dated 18.07.2022 in capacity of Director and Share-holder. Further, the
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3 MCRC-944-2026
Balance-sheet of year 2022-23 of M/s. Shubh Riddhi Agri Foods Product Pvt. Ltd.
also bears signature of Nitin Chandilya as Director of the firm. The firm M/s.
Shubh Riddhi Agri Foods Product Pvt. Ltd. has received the subsidy of
Rs.6,27,52,000/- for the claim year 2022-23 on application filed by Nitin
Chandilya and Mukesh Kumar Jain as authorized signatory of the firm. It goes to
show that applicant Nitin Chandilya continued as Director of the firm. The
investigation is underway. The applicant did not cooperate in the investigation.
Therefore, the applicant may not be extended benefit of anticipatory
bail. However, after going through the case diary, he fairly states that no criminal
antecedent is reported against the applicant. He further states that the applicant is
aged around 35 years and is a businessman by profession.
6. Heard both the parties and perused the case diary.
7. As per accusation on c ase diary, Bhupendra Kumar Dangi filed a
written complaint before the Court of Judicial Magistrate First Class, Jaora in
District Ratlam inter-alia alleging cheating and fraud against 11 named accused. It
is alleged that Mukesh Chandilya and Nitin Chandilya ( applicant) induced him to
invest in business on promise of handsome profit. He joined Mukesh, Nitin, Vijay
Nahar and Sanjay Bhandari as Director of M/s Shubh Riddhi Agri Food Products
Pvt Ltd. . Vijay and Sanjay resigned from the post of Director in year 2016. Later,
some new Directors were added. Bhupendra Dangi hypothecated his properties
with the State Bank of India, Regional Office Ratlam to secure the loan for the
company. Bhupendra Dangi and his wife had invested almost Rs. 2 crore in the
company and pledged their properties. Co-accused Malka and other co-accused
were added as Directors in the company without consent of the
complainant. Later, Bhupendra Dangi submitted his resignation from the post of
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Director on 7.07.2021. But his resignation letter was kept pending and his
properties were not released from the Bank by the company. Mukesh,
Nitin(applicant), Malka and other accused executed a Memorandum of
Understanding with Kumod s/o Brijmohan Arya and proposed to transfer 100%
shares in the company in favour of Kumod Arya. The property of the complainant
is being auctioned by the bank. The complainant has suffered wrongful loss due to
cheating of the accused. The Judicial Magistrate First Class, Jaora, District
Ratlam forwarded the complaint for investigation to the SHO of the Police Station
Industrial Area, Jaora under Section 156(3) of Cr.P.C. The Police Station Jaora
registered FIR at crime No. 476 of 2024, initially, for the offence punishable under
Section 420 of the IPC. During investigation, it was revealed that Memorandum of
Understanding executed by Nitin(applicant), Mukesh and Malka does not bear
signature of complainant Bhupendra Dangi and his wife Bhawna Dangi. It was
further alleged that the forged documents have been prepared for the purpose of
cheating with the complainant. Accordingly, the prosecution for offence
punishable under Sections 467, 468, 471 and 120-B of IPC was added. Relevant
seizures were made. The investigation is underway. The applicant is apprehending
arrest in the matter. Co-accused Malka Devi has been extended benefit of
anticipatory bail vide order dated 11.12.2025 passed in M.Cr.C. No.
50595/2025. The allegations and fact sitaution realting to Co-accused Malka Devi
was substantially different.
8. Apparently, there is direct allegation of fraudulent inducement to join
M/s. Shubh Riddhi Agri Foods Product Pvt. Ltd. against the applicant. The
applicant's continued involvement in the conduct of the firm's business is prima-
facie made out from the material on record despite his proposed resignation dated
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07.07.2021. The applicant is one of the executant and signatory of the MOU in
question dated 18.07.2022 in capacity of the Director. Thus, complicity of the
applicant is prima-facie made out. Applicant did not participate in the
investigation despite knowledge of the prosecution. Custodial interrogation of the
applicant would be required for relevant recoveries and to unearth the details of
alleged business transactions.
9. In view of the obtaining facts and circumstances, this Court is of the
considered opinion that the applicant does not deserve rare and exceptional relief
of anticipatory bail.
10. Consequently, the application is dismissed.
(SANJEEV S KALGAONKAR)
JUDGE
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