1 cri.appln. 5530-2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5530 OF 2010 Smt.Shrilakshmi @ Jayshree ...Applicant vs. The State of Maharashtra ...Respondent Shri Amin Solkar for the Applicant. Smt.S.D. Shinde, APP for the Respondent-State. CORAM : J.H. BHATIA, J. DATED : DECEMBER 14, 2010 P.C :- 1 The applicant, who is in custody since 31st July, 2010 in C.R.No.255/2009 registered by N.M. Joshi Marg Police Station for the offences punishable under Sections 420, 465, 467, 468, 471 read with Section 34 IPC, has filed this application for bail. 2 Heard the learned Counsel for the applicant 2 cri.appln. 5530-2010 and the learned APP for the State. 3 Perused the FIR and other police papers. As per the FIR lodged on 14th August, 2009 by one Nagendra Satyanarayan Bhutra, representative of Alok Industries Ltd., the Alok Industries is in the business of manufacturing suiting, shirting and dress materials. One N. Mohan is an agent of the company for last number of years. In December, 2008, he introduced the present applicant to the company. The present applicant represented that she is the owner of M/s.Sony Impex situated at Bangalore and was dealing in export of fabric for last about 8 years. She showed interest in the material produced by Alok Industries. First transaction between the present applicant and Alok Industries took place on 2nd December, 2008 when Alok Industries supplied shirting fabric worth Rs.11,97,000/-. As per Agreement, 25% amount was paid immediately by Demand Draft and balance amount was also paid by cheque within 30 days as per the contract. Thereafter, the 3 cri.appln. 5530-2010 applicant purchased a lot of material from Alok Industries from time to time and also made the payments regularly and thus, the company had confidence in her. On 10th April, 2009, she placed an order for supply of cloth worth Rs.3,13,65,346/-, out of which amount of Rs.2,23,84,240/- remained to be paid. The goods were supplied to her between 10.4.2009 to 16.5.2009, however, she avoided making payment of balance amount. In spite of visits to her office at Bangalore, she did not make any payment. Finally, a report was lodged with police alleging that she had cheated the company and fabricated forged documents. On the basis of that, the offence came to be registered against the applicant and her employee Abdul Sukkur. The said employee has been granted bail. 4 According to the applicant, it is purely a civil transaction and no case is made out for the offence under Sections 420 IPC and certainly, no case is made out for the offences punishable 4 cri.appln. 5530-2010 Sections 465, 467, 468, 471 IPC. 5 On the other hand, the learned APP contends that huge amount is to be recovered from the present applicant and she is not making payment. She also contended that the applicant is resident of Bangalore and if bail is granted to her, she is likely to abscond. She further contended that the applicant has also filed insolvency proceeding, which shows her intention of not making the payment. 6 On perusal of the FIR and other proceedings, it appears that the applicant was, in fact, running the business in the name and style of M/s.Sony Impex, of which she claims to be the proprietor. It is not the case that no such company or enterprise was in existence or that she had falsely represented that she was carrying on business in the name of M/s.Sony Impex. From the FIR itself, it is clear that not only on 2nd December, 2008 but even thereafter, she had number of 5 cri.appln. 5530-2010 transactions for huge amounts and she had made all the payments regularly. In respect of the order placed by her on 10th April, 2009 for goods worth Rs.3,13,65,346/- also, she had made the payment to the tune of about Rs.90 lakhs. After that, she failed to make payment and in spite of demands made by Alok Industries, the payment was not received. She has also filed insolvency proceeding. At this stage, it cannot be said whether she had really run into losses in the business of export of fabrics or she has created situation falsely to get the order of insolvency to avoid the payment. The insolvency proceeding is still pending and the concerned court will take appropriate decision. From the facts disclosed by the FIR itself, it appears that there were huge commercial transactions between the applicant and the complainant company and the report was lodged when some payment became due. Prima facie, it appears to be purely a civil transaction which is tried to be converted into a criminal case. The applicant is a woman and the offences alleged 6 cri.appln. 5530-2010 against her are triable by Magistrate. Taking into consideration all the facts and circumstances, I find that the applicant deserves to be granted bail. 7 For the aforesaid reasons, the applicant be released on executing P.R. Bond of Rs.50,000/- with one or two solvent local sureties in the like amount from Bombay with condition that she shall not misuse the bail. She shall also report at N.M. Joshi Marg Police Station on first day of every month till the disposal of the criminal case. 8 Application stands disposed of, accordingly. (J.H. BHATIA, J.)