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TMI Blog2014 (11) TMI 1287X X X X Extracts X X X X X X X X Extracts X X X X ..... her it was the public exchequer who was put to loss by not holding auction of government resources or by over invoicing lenders which is totally different from the facts of the present case where the applicants floated advertisement and made proposal for pre-launch of residential projects and collected hundreds of crores of rupees by inducing, misrepresenting and suppressing the material facts. The applicants were able to gain confidence of the public to invest money in their scheme by promising them to allot land in their various projects and was able to gain their confidence and subsequently cheated them of their hard earned money of about Rs.200 crores. This kind of activity ultimately shows a great deal of deliberation and preparation. In the instant case the gravity and implications of the offence have a far reaching effect and the applicants have cheated innocent persons to the tune of Rs.200 crores approximately). Considering in totality the facts and circumstances of the case and the allegations against the applicants, the applicants do not deserve to be enlarged on bail. Accordingly, both the applications are dismissed. - Hon'ble Mr. Justice Ved Prakash Vaish For the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h Fax to the concerned Managing Director and others to explain their position. The complainant received no reply but instead started receiving threats for dire consequences on behalf of the Director of M/s. VIAN Infrastructure Ltd. Subsequently, the complainant approached the police and FIR No.737/2007 under Sections 420/406/120B was registered at P.S. Connaught Place, New Delhi against the accused persons. 3. Learned counsel for applicant Vijay Kumar Sharma urged that the applicant has been falsely implicated in this case as no role has been assigned to the applicant. He further submits that the prosecution filed a charge-sheet on 03.10.2009 after almost 2 years of investigation after examining nearly 264 witnesses and 258 documents. However, the petitioner was not named as an accused in the aforementioned charge-sheet. He also submits that thereafter a supplementary chargesheet was filed on 13.07.2012 having 2391 complaints against the accused company and 27 witnesses. The aforementioned applicant was made an accused in this charge-sheet. In addition to the aforementioned charge-sheets, a second supplementary charge-sheet was filed on 04.07.2013 which further contained 451 compla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ht Circus, New Delhi in Bank account No.06331131000077. On 23.10.2009, counsel for the applicant Surya Kriti Thapar handed over three pay order Nos.031320, 031323 and 031322 for Rs.84 lakhs (Rupees Eighty four lakhs), Rs.3 lakhs (Rupees Three lakhs) and Rs.72 lakhs (Rupees Seventy two lakhs) respectively, all issued by South Indian Bank in favour of M/s. VIAN Infrastructure Ltd. with Oriental Bank of Commerce, Connaught Place Branch, New Delhi. On the same day counsel for the applicant also submitted that he will bring another pay order for Rs.41 lakhs (Rupees Forty one lakhs) on the next date of hearing so that the entire amount of Rs.2 crores (Rupees Two crores) could be settled. 7. However on 05.11.2009, the investigating officer informed this Court that on verification, it was found that the three pay orders which were handed over to him were not pay orders, but were coloured photocopies of three fixed deposit receipts (hereafter referred to as FDRs ) issued by South Indian Bank Ltd. in favour of M/s. VIAN Infrasctructre Ltd. and a loan had already been taken on the strength of these FDRs. Based upon this revelation this Court observed that an attempt has been made to play a fr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CC 1070 and Anil Mahajan vs. Commissioner of Customs and Anr. , 2000 Cri.L.J. 2094, to contend that in the said cases the financial implication of amount for which the allegations of cheating were made were much higher and, if in those cases the accused could be released on bail, the applicant certainly deserves to be released on bail. 12. The applications have been vehemently opposed by learned APP for the State on the ground that both the applicants Surya Kirti Thapar and Vijay Kumar Sharma in a calculated, pre-determined and in a very sophisticated manner carried out an operation of gaining the trust of the members of general public, who are more than six thousand or so in number, and cheated them to the tune of Rs.200 crores (Rupees Two hundred crores) approximately. He also submitted that such persons show the repeated propensity to commit such offences again and have scant respect for law. 13. Learned APP for the State has also submitted that the modus operandi of the applicant is that the applicants floated a number of companies by rotating names of Directors among themselves. He also pointed out that Vijay Kumar Sharma is Director in various companies like M/s. JVG, M/s. Yu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be seen, but also the fact as to whether accused would be available to face the trial or flee away from the process of law or he should not have propensity to win over the witnesses or tamper with the evidence. This Court is also cognizant of the fact that there is a fundamental difference between the said cases and the present case. In the said cases, no member of the general public was affected directly rather it was the public exchequer who was put to loss by not holding auction of government resources or by over invoicing lenders which is totally different from the facts of the present case where the applicants floated advertisement and made proposal for pre-launch of residential projects and collected hundreds of crores of rupees by inducing, misrepresenting and suppressing the material facts. The applicants were able to gain confidence of the public to invest money in their scheme by promising them to allot land in their various projects and was able to gain their confidence and subsequently cheated them of their hard earned money of about Rs.200 crores (Rupees Two hundred crores). This kind of activity ultimately shows a great deal of deliberation and preparation. 18. Furthe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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