Lokesh Sharma vs State Of Haryana
2022 Latest Caselaw 14046 P&H

CRM-M No.48807 of 2022 (O&M) 1

103 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CRM-M No.48807 of 2022 (O&M)
Date of decision : 10.11.2022

Lokesh Sharma sss Petitioner
versus

StateofHaryana 2a Respondent

CORAM : HON'BLE MR.JUSTICE PANKAJ JAIN

Kee

Present :- Mr. J.S.Hooda, Advocate
for the petitioner.

Kee

PANKAJ JAIN, J. (ORAL)

The petitioner has prayed for grant of pre-arrest bail in FIR No.106 dated 13.01.2022 registered under Sections 408, 420 & 120-B IPC at Police Station Shivaji Nagar, District Gurugram.

As per the contents of the FIR it has been alleged :-

"To the Chowki incharge, Patodi Road Haryana. Subject For financial loss to my company with forgery and conspiracy. Sir< I Jitender Lamba s/o Late Madan Lal Lamba is r/o 383 sector 10 Gurugram. I am having a company in the name of Lamba Polymers, situated at 79/18 main road Laxmi Garden, Near Gurgram Gramin Bank, Gurgram. I am doing trading in the plastic seed. In my company accountant cum filed boy Lokesh Sharma s/o Sh. Raj Kumar Sharma r/o H.No 277, Rogangran-4, Jgangirabad Rural, Bulandshahar, UP is working for last about 9 years. He works as field boy and he contact with the customer and supply them the goods bring cheque, making of bill, receiving copy (green) and record copy (yellow) filing and maintains of records. Lokesh Sharma had done forgery in the bills and in convince with the customers had done financial loss to me. Their Name a and address and GST No as as; Star packaging Industries Address Village Kadipur Main Pataudi Road Near Corporation Nand Gurgram Haryana Moble No. 9911960452 9990673131 Email Id_ starpackaging_ [email protected] In Gst No. O6ANSPK9556CIZL Name Yash Plastic Gurgram Addresss Shed No. D-

POOJA SHARMA

2022.11.14 16:51

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POOJA SHARMA

2022.11.14 16:51

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1A Udyog vihar Phase Vi Sector 37 Gurgram Haryana Moble No. 7836036361, 9467023531 AST No. O06DZWPK32901zG. About the forgery I came to know a few days before. My another party whose name is Navneet Plastic Industries Address Plot No 501 Pace City IT Gurugram owner of which is Navneet Goyal called me on the phone and told me that Lokesh Sharma working in my company had contacted him and had offered the whole material at the half the price of the sale bill. On this I said Navneet Goal to accept the offer and stated keeping vigil on the Lokesh Sharma and account and bill. I did this so that I could come to know about the modus operandi of the forgery committed by the Lokesh Sharma. On keeping watch on him I came to know that the material sold to Navneet Plastic Industries vide Bill no 4630 dated 16.11.2021 amounting to Rs. 45,312/-, the bill was deleted form the computer accounting software and took receiving (green copy) and record (yellow copy) from the file kept in the my office and gave the same to the Navneet Goyal. On my strict inquiry it was came to my knowledge that Lokesh Sharma used to delete those bills whose amount is less than Rs. 50,000/- as for these bills no E way bill is generated. Thereafter Lokesh Sharma went to the Navneet Goyal's factory to receive the payment of the deleted bills. On this Navneet said him to come next week. After this I searched in detail and came to know that know about the forgery done in convince with the two parties. Lokesh Sharma deleted form the computer accounting software and took receiving (green copy) and record (yellow copy) from the file kept in the my office and gave the same to the (Star packaging Industries, Yash Plastic Gurgram) for material sold to them and used to take 50% of the amount, because of this my company Lamba Polymers had suffered huge financial losses. After knowing the Modus Operendi of the Lokesh Sharma I inquired from the above two parties on 21.11.2022 and on inquiry they accepted the commission of forgery and promised to give their share of the money and also Lokesh sharma assured me to got the money recovered from the companies with who material was supplied through forgery and on the assurance of not informing to the police. On this Star packaging Industries gave four cheques of Rs. 6,25,000/- as part payment and paid a cheque of Rs. 10,00,000/- of the old pending payment and assured that in some days with pay the balance amount and insisted not to report matter to the police. Thereafter the owner/Manager of the Star packaging Industries Pritam Singh gave complaint against me in the police station Shivaji Nagar Gurgram on 22.11.2021 for alleged snatching of the cheques. All

this was done with intention not to return the money earned through the

forgery by Pritam Singh. And also Lokesh Sharma who had been residing above the room over my office for last 9 years had left with out any information. Information had been given to the Police station Shivaji Nagar. It is requested to you that strict legal action be taken against the above said accused persons and FIR be got registered. Thanking you. Sd/- Jitender Lamba"

From the contents of the FIR, it is discernible that the gravamen of the complaint relates to the petitioner indulging in siphoning of the articles of the employer by violating the provisions of GST Act with impunity. In the considered opinion of this Court, the offence alleged against the petitioner travels beyond a private offence and has far reaching ramifications. It being an economic offence against the society needs to be investigated. Thus it will not be a case which would warrant grant of pre-arrest bail to the petitioner.

As per settled law petitioner is required to make out a case for invoking jurisdiction under Section 438 Cr.P.C. In Gurbaksh Singh Sibbia vs. State of Punjab, 1980(2) SCC 565, Apex Court has held

that :-

".That is to say, it cannot be laid down as an inexorable rule that anticipatory bail cannot be granted unless the proposed accusation appears to be actuated by mala fides; and equally, that anticipatory bail must be granted if there is no fear that the applicant will abscond. There

are_several other_considerations, too numerous to enumerate, the

combined effect of which must weigh with the court while granting or

rejecting anticipatory bail. The nature and seriousness of the proposed

charges, the context of the events likely to lead to the making of the

charges, a reasonable possibility of the applicant's presence not being

secured at the trial, a reasonable apprehension that witnesses will be

tampered with and "the larger interests of the public or the State" are

some of the considerations which the court has to keep in mind while

deciding an application for anticipatory bail..."

POOJA SHARMA

2022.11.14 16:51

| attest to the accuracy and authenticity of this order/judgment.

Likewise while reiterating the law laid down in Gurbaksh Singh Sibbia's case (supra) Apex Court in Sushila Aggarwal and

others Vs. State (NCT of Delhi) and another, 2020 (5) SCC 1 held that:-

"(4) Courts ought to be generally guided by considerations such as the nature and gravity of the offences, the role attributed to the applicant, and the facts of the case, while considering whether to grant anticipatory

bail, or refuse it."

In view of the aforesaid circumstances, this does not appear to be a fit case to grant extra ordinary relief of anticipatory bail to the petitioner. Consequently, the same is dismissed.

Needless to say nothing recorded hereinabove should be

construed as expression on merits of the case.

(PANKAJ JAIN ) JUDGE 10.11.2022 Pooja sharma-I Whether speaking/reasoned Yes

Whether Reportable : No

POOJA SHARMA

2022.11.14 16:51

| attest to the accuracy and authenticity of this order/judgment.