Fabrication of e-way bill on GST Portal: HC Grants Bail to Accused

Gurjeet Singh Vs State of Chhattisgarh (Chhattisgarh High Court)

1. The aforesaid MCRCs are being disposed of by this common order as they arise out of Crime No.43/2022 registered in Police Station Amanaka, District Raipur for offence under Sections 420, 409, 34 the IPC.

2. Prosecution case is that complainant Vijay Kumar Jha, being the Director of the Nirav Metals Pvt. Ltd., has entered into an agreement with the applicant’s company namely, Orbit Electromech India Pvt. Ltd. Applicant Anil Rai is one of the Directors of the said company. As per the negotiations, applicant Anil Rai was required to supply scrap material to the complainant and his one of the channel partners namely Nilesh Damani. As the goods were not reaching the destination, the complainant enquired from the transporter co-accused Gurjeet Singh. The said Gurjeet Singh in connivance with the main accused Anil Rai sent fake messages in Whatsapp that out of 14 trucks, 5 trucks were already on the way, but after considerable time, the said trucks did not reach the destination. Therefore, the aforesaid offence has been registered. During investigation, it has been revealed that the scrap materials to the tune of Rs.8 crores (approximately) have not been supplied to the complainant and his channel partner and thereby cheated the complainant.

3. Learned counsel for the applicants would submit that the applicants are innocent and have been falsely implicated. Learned counsel also would refer to the ledger account of the complainant’s company which is also authenticated by SS Joshi & Associates, Mumbai, a Chartered Accountant firm. Applicant Anil Rai also admits that he has received an advance to the tune of Rs.24,87,03283.72/- from the complainant’s firm, as mentioned in the ledger of the said company and also duly seized during investigation and filed with the charge sheet. Learned counsel further submit that from 25^th December, 2021 till 5^th February, 2022, he has regularly supplied the scrap materials to the complainant, which has also been received as mentioned in their ledger, and only balance of Rs.3,35,08,958.91/- remains due towards the complainant. They fairly acknowledge, on the instructions of their client, that their clients are ready to return the said amount within 4 months. Learned counsel further submit that scrap materials are lying in their store and if the complainant is still willing to receive the scrap material of the said value, the said material would be despatched within one month. Learned counsel also submit that on account of lock-down situation due to Covid-19 pandemic, there is some delay due to which certain other traders have also lodged an FIR against the applicant in which the matter has already been settled and the amount was refunded. Learned counsel also submit that applicant Anil Rai has a longstanding business in scrap dealing and the complainant is his rival, and with ulterior motive the present complaint has been filed in order to finish his business, though the matter appears to be purely of breach of contract and civil in nature.

4. Upon being asked by the Court to learned counsel appearing on behalf of applicant Anil Rai, it is submitted that an amount of Rs.15,65,72,367.8/- is due towards the complainant. On such score, learned counsel submits that accepting the ledger shown by the complainant in which Rs.3,35,08,958.91/- has been shown as due against the complainant, the applicant is ready to return the said amount or the scrap material of the said value. Learned counsel further submit that the applicants are in jail since 7.2.2022 & 12.2.2022 respectively, therefore, they may be released on bail.

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