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TMI Blog2020 (10) TMI 531X X X X Extracts X X X X X X X X Extracts X X X X ..... ted that the aforesaid cheques were given only for security purposes of the transaction. Despite these arguments the fact remains that applicant admits to have given the cheque to the complainant which could not be encashed. During the submissions it came to light that the applicant is barely an undergraduate whereas in Annexure A/3, which is a permission letter to visit Lakshdweep by ADM Union Territory of Lakshdweep, the applicant is shown to be an engineer with the organization BSNL whereas neither the applicant is an engineer nor he works in BSNL organization. This Court does not feel inspired to allow the bail application of the applicant. Although it appears that there is a transaction of ₹ 7.00 lacs depicted in statements of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed Neeraj Shukla had obtained ₹ 27,65,000/- from the complainant by offering a lucrative but fraudulent proposal that the applicant and the co-accused are the owners of a company called Auby Satellite Pvt. Ltd Co. and this company is having tie ups with companies called INTELSAT and EUTALSAT and in collaboration with these companies, the applicant's company shall erect communication towers so that mobile data is made available to customers and there shall be huge returns in doing so. In para 5.4 of the application, it has been mentioned that the complainant paid an amount of ₹ 24,84,000/- to the company. Some amount was given through bank and rest was given in cash. On such investment, the father of the complainant namely Mr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rk was on account of prevailing Covid 19 Pandemic situation due to which the relevant permission could not be obtained. It has been submitted that though the complainant submits that he was cheated in the year 2018, FIR was alleged filed very belatedly on 27.6.2020 and there is no explanation for such delay. The applicant submits that his bonafides can be seen from the fact that he did not run away from being arrested but himself approached the police station and surrendered. Learned counsel has drawn Court's attention towards the document Annexure A/3, which shows that applicant had been granted permission to visit Lakshdweep for the purpose of erecting towers as per the contract arrived at with BSNL. He submits that due to delay occur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he State were heard who have vehemently opposed the bail application. Regarding delay in lodging FIR, it has been mentioned that prior to lodging the written complaint in the year 2018 itself, the complainant had demanded the money back from the applicant in year 2018 itself, which is apparent from the Whats app chat between complainant and the applicant, which forms part of charge sheet. It is further stated that the written complaint was lodged on 25.9.2019, but the police was not lodging the FIR despite the filing of such written complaint. The complainant had to approach higher authorities to the police department and only on their initiative the FIR was allegedly lodged on 27.6.2020 by the police. It has been submitted that when cheque ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has been submitted that application is pending under Section 138 of N.I. Act and that applicant has appropriate explanation which shall be divulged while defending his case under Section 138 of N.I. Act. It has been stated that the aforesaid cheques were given only for security purposes of the transaction. Despite these arguments the fact remains that applicant admits to have given the cheque to the complainant which could not be encashed. During the submissions it came to light that the applicant is barely an undergraduate whereas in Annexure A/3, which is a permission letter to visit Lakshdweep by ADM Union Territory of Lakshdweep, the applicant is shown to be an engineer with the organization BSNL whereas neither the applicant is an eng ..... X X X X Extracts X X X X X X X X Extracts X X X X
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