( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Application No. 2993 of 2009 Omprakash Ghanshyamdas Pamnani vs State of Maharashtra ------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr. N. Lalwani, Adv. for applicant. Mrs.S.S.Wandille, APP for respondent. Mr. L.A. Mohta, Adv. for intervenor. Coram: A.P. Bhangale, J Dated : 26th August, 2009 Heard. 1) Learned Advocate Mr. Mohta is permitted to assist the prosecution. 2) The applicant is seeking anticipatory bail in connection with Crime No.118/2009 reported to Akot Police Station, District Akola on 04/07/2009 under Secs.420, 468, 471 read with Sec.34 of Indian Penal Code at the instance of one Shivkumar Jugalkishor Agrawal, who alleged that present applicant alongwith seven others intending criminal conspiracy to cheat the first informant on ( 2 ) the basis of fabricating document representing that documents are true, the accused Dinesh Garg and Premlal Garg represented as reputed brokers from Madhya Pradesh in the name as Manan Trading Company; won confidence of first informant for an agreement to supply oil cakes weighing about 2262.85 quintal supplied by in 13 trucks; goods valued at Rs.27,29,656/- booked through Manan Trading Company. Thus, according to the complainant the goods were to be supplied at the establishment of accused Omprakash Pamnani, Bansilal Ratan Jain, Madanlal Radhyeshyam Jain and other two persons from Indore. Thus, it is case of the first informant that the goods were delivered accordingly. The price has not been paid and accused namely Omprakash Pamnani, Bansilal Jain, Madanlal Jain and two persons from Indore gave evasive replies. Later it is learnt that accused Dinesh Garg, Premlal Garg had no genuine business in the name and style as Manan Trading Company. The first informant had requested payment repeatedly from accused Dinesh Garg, Premlal Garg and Navin Garg, but since they gave evasive replies. The first informant with the help of Navin Garg visited accused No.1 to 7 and came to know that accused No.1 and 2 cheated on the basis ( 3 ) of registration document shown in the name of “Manan Trading Company”. As also the Tin Number required for such business was in fact belonged to Yash Corporation of Indore. Thus, it is alleged that the accused had conspiracy with each other and got the goods delivered at their establishment from 13 trucks and also threatened first informant not to demand money, otherwise he would be killed. 3) According to the learned Advocate for applicant, in the complaint itself first informant had repeatedly demanded payment from accused Dinesh Garg, Premlal Garg and Navin Garg. Therefore, there was no privity of contract between applicant and first informant. Further according to the learned Advocate for applicant, when first informant realized that he cannot recover the amounts from accused No.1 to 3 namely Dinesh Garg, Premlal Garg and Navin Garg he decided to look for payment from the present applicant making allegations of criminal conspiracy as also delivery of the goods at the establishment of present applicant. It is also contended in view of the ruling Veer Prakash Sharma -vs- Anil Kumar Agarwal and Anr. reported in 2007 All MR (Cri) 2618 (SC) that non-payment or under payment of ( 4 ) price of goods - Does not amount to cheating or criminal breach of trust. Reference is also made to Kamlesh S/o Dhirajlal Gandhi -vs- State of Maharashtra and Anr. reported in 2007 All MR (Cri) 1572 that anticipatory bail may be granted to prevent abuse of powers by the Investigating Agency. As in case of civil dispute Investigating Agency cannot be allowed to take a party in custody merely for to recover the amount demanded as allegedly due. 4) As against this submission, it is contended on behalf of the respondent that effective investigation is necessary to unearth the criminal conspiracy, therefore, custodial interrogation is necessary. According to learned A.P.P. the statements of some drivers have been recorded to indicate that goods were delivered at the establishment of the present applicant. 5) Prima facie it appears a case of goods sold and delivered of which price has remained unpaid. Except for allegation against accused No.1, 2 and 3 that they had prepared false documents and misrepresented on the ground that those documents are true as also they gave evasive replies when demand for payment was made in respect of goods supplied through 13 trucks. It ( 5 ) appears that the first informant after having realized that the price of the goods sold cannot be recovered from accused No.1 to 3, alleged case of criminal conspiracy between all the accused as also alleged threat from accused to kill the first informant. Under these circumstances, considering the rulings cited, I think in peculiar circumstances revealed the material will have to be collected during investigation as to how the goods were delivered, price thereof as also regarding liability of the person for payment of the goods. In essence it appears that the civil dispute is involved, therefore, custodial interrogation need not be permitted when applicant is ready and willing to cooperate in the investigation. Therefore, the conditional order of anticipatory bail can be passed to meet the ends of justice. 6) Applicant is not yet arrested, despite interim anticipatory bail order. Hence, following order. 7) If accused arrested by Station House Officer or Arresting Officer from Akot Police Station, District Akola in FIR No.118/2009 under Secs.420, 468, 471 read with Sec.34 of Indian Penal Code. The applicant be released upon executing PR Bond of Rs.25,000/- with one solvent ( 6 ) surety in the like amount. Provided further the applicant shall attend Investigating Officer daily between 11 am to 1 pm for first seven days and thereafter as and when required. Applicant shall cooperate with the Investigating Officer. Applicant shall inform his address, phone No./Cell No., if any to the Investigating Officer. Applicant shall not commit any crime while on bail. He shall not tamper with the evidence, nor shall misuse the liberty granted to him. Anticipatory bail application stands disposed of accordingly. Judge. Khunte