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TMI Blog2024 (11) TMI 110X X X X Extracts X X X X X X X X Extracts X X X X ..... Kawadiya Brothers under Section 138 of the N.I. Act before lodging the report and legally enforceable debt would be a matter of facts and the evidence of the case. Considering the cooperation extended by the applicants during the interim protection, the Court is of the view that sending the applicants to custodial interrogation would serve no purpose. As far as the allegations against applicant Bharat Machhindra Khedkar are concerned, he resigned long back. Whether he committed fraud of such huge money would be determined by appreciating the evidence. The relevant bank account has been recovered. Nothing has remained to be recovered from him. He also cooperated with the Investigating Officer. Whether he was the plant head is also question of fact. This Court is of the view that custodial interrogation of the applicants is not essential. Hence, they deserve anticipatory bail - bail application allowed. - S.G. MEHARE, J. For the Applicant : Mr. Shaikh Sohail Subhedar, Advocate; Mr. Vikram S. Kadam, Mr. Avinash B. Katkar. For the Respondent/State : Mr. S. P. Sonpawale, A.P.P., Mr. R. P. Mote, Advocate. PER COURT :- 1. Heard the learned counsels for the applicants, the learned A.P.P. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the employees concerning the accounts. They resigned one by one from the firm. Thereafter, he reviewed the audit of the accounts from Chartered Accountant/Auditor Shri. Suryanarayan Shastri. In his audit report, he find misappropriations in the transactions. He also learnt that the employees from his account section had received the benefit from the firm in whose name false entries were taken. He lodged the report against the employees. 5. Applicants Kushal and Shripal claimed that they have the firms manufacturing and processing automobile spare parts in MIDC Waluj. Applicant-Kushal runs a Proprietary Firm, namely, Kushal Agencies. He was in the business of trading, selling and purchasing automobiles spares and materials. It has registration under the Goods and Service Tax as per provisions of the Central Goods and Service Tax Act and Rules thereunder. He is partner with Shripad Kavadiya, who started Shree Guru Labdhi Enterprises. Shree Guru Labdhi Enterprises has the business of manufacturing various automobile products and job works for various vendors and automobile industries. It is also registered under the Goods and Service Tax as per provisions of the Central Goods and Ser ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng is to be recovered from the applicants. 6. During the pendency of the applications, various orders were passed. The applicants attended the police station. Their counsels have a case that whatever documents the Investigating Officer had demanded from them, were supplied. However, the complainant and their counsel have created a mess by raising voice in the Court that the applicants are hiding certain accounts and documents deliberately. They have referred to the documents supplied to the Investigating Officer. Whatever the documents they were in possession of the transactions with the complainant firms, those have been supplied long back to the Investigating Officer. However, the complainant is not satisfied. Therefore, he was intervening in the smooth investigation and creating hurdles in the matter. It is also their argument that since the applicants were attending the Court from May 2024, the evidence against the applicants has been collected. They cannot be forced to produce a document which is not in existence. It is a matter of account, which was maintained by his employees and shown to be correct. There is no prima facie evidence to show that the applicants have received ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n was granted to the applicants, they did not support the prosecution. Therefore, to unearth the truth and find out the involvement of the applicants in the crime, their custodial interrogation is essential. He pointed out each and every stage of the investigation. He further argued that the employees of the complainant and the applicants were in collusion. There was no contract for job work. They were only purchasing the scraps. The ledgers were sent by the employees. The applicants were the beneficiaries of the fraud played collusively. He further argued that the applicants were not cooperating with the investigation and deliberately had not supplied the documents sought. The prima facie material is available against them that they played fraud with the complainant. 10. To counter the allegations of the learned counsel for the first informant and the learned A.P.P., the learned counsel for the applicants placed on record a bunch of documents explaining that whatever the documents, the Investigating Officer had sought, have been supplied to him. They submitted that they were always providing him with the documents demanded. Therefore, it cannot be said that they are not cooperatin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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