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Wednesday, June 23, 2021

HC rejects pre-arrest bail to man booked for ‘defrauding’ trader

The case was filed after the applicant failed to deliver the goods after receiving the payment and claimed that he was cheated by another supplier of the gloves.

Written by Omkar Gokhale | Mumbai |
Updated: May 10, 2021 7:14:56 pm
Woman’s suicide case: Bombay HC says no moral conviction in case of lack of evidence, acquits husband and in-lawsA single-judge bench of Justice Prakash D Naik last month passed an order on the anticipatory bail application filed by Saiyad Faiz Hasan (File photo)

The Bombay High Court recently rejected the anticipatory bail application of a man who was booked for allegedly defrauding a trader from Mumbai, who had ordered 5000 A+ quality Nitrile gloves and made payment of Rs 17.64 lakh to the applicant.

The case was filed after the applicant failed to deliver the goods after receiving the payment and claimed that he was cheated by another supplier of the gloves.

A single-judge bench of Justice Prakash D Naik last month passed an order on the anticipatory bail application filed by Saiyad Faiz Hasan in connection with the FIR registered with Vanrai police station in Mumbai for offences of cheating and breach of trust on February 6.

As per the FIR, in January, the complainant, a trader from Mumbai, came across WhatsApp promotion messages forwarded by the accused for sale of Nitrile gloves and placed a purchase order for 5000 boxes of A+ quality Nitrile gloves (blue colour), after which the accused showed invoices, E-way bills and other documents. Relying on assurance of the accused, the complainant paid Rs 17.64 lakh, but the delivery was delayed and the accused allegedly avoided calls, prompting the complainant to register an FIR.

The HC held, “The entire transaction appears to be suspicious. Undisputedly, the entire payment was made to him and the complainant has not received the goods nor the payment. In view of the above, no case is made out for granting relief of granting pre-arrest bail under section 438 of CrPC.”

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