-Report by Atharva Dixit

The judgment of SANDEEP TILWANI Versus STATE OF NCT, by the High Court of Delhi relates to a petition filed by Sandeep Tilwani, the director of J Sai Kripa Import & Export Co. Ltd., seeking regular bail in case FIR No. 220/20 Under Section 420/406/467/468/471/474/120-B IPC registered at Police Station E.O.W. The complaint was filed by Ms. Upma Sharma who is one of the directors of the company “Cargomasters Logistics Pvt. Ltd.”, engaged in the business of freight forwarding and logistics services (International transportation) alleging that the respondent company’s payment for logistical support was not made by the petitioner and when bill of ladings (BLs) was not issued, the petitioner fraudulently sent fake Telegraphic Transfers (TTs) to give the impression that payment from Thai bank has been requested and tricked the respondent in sending the BLs and resulting in clearance for the transported goods without payment being made to the logistics co.

FACTS:

The complainant alleged that in 2018, petitioner assigned 74 bookings of 640 rice containers to the complainant company for freight services (transportation) amounting approximately to the amount of Rs. 11,20,00,000/-. for gaining the confidence of the complainant, petitioner made initial payments to the complainant and he stopped the payment after that the complainant held the release of remaining Bill of Ladings (BLs). The petitioner induced the complainant to release the remaining BLs and to assure her, he sent copies of two Telegraphictransfers (TTs) as proof of payment and promised that he was going to transfer the payment through these TTs from Thailand. The complainant believing these (TTs) to be true released 3 remaining BLs. But neither the due payment nor the payment against these 3 BLs, was transferred by the petitioner. Later on, the complainant came to know that the said (TTs) were never deposited in the concerned bank in Thailand.

PETITIONER’S CONTENTIONS:

It was submitted by the petitioner that a civil dispute is beingconverted into a criminal case in order to recover the money in a commercial transaction. He further submitted that the Petitioner was only a mediator between the seller and the buyer and he is being implicated in a ploy to extort money from the petitioner. He further submitted that no efforts have been made to arrest the co-accused persons and the investigation is now complete and no useful purpose would be served by keeping the petitioner in custody. He also alleged that the respondent concealed material facts and gave false information while registering the FIR.

RESPONDANT’S CONTENTIONS:

The respondent strongly opposed the bail plea by stating that the petitioner is a habitual offender and his passport has been seized by the Thai court in a similar matter. He has also changed his identity and has got four passports issued. In order to gain the confidence of the complainant the petitioner made initial payments to the complainant and thereafter stopped the payment for freight services. He also induced the complainant to release the BLs by showing forged TTs as proof of payment and believing them to be true, the complainant released the BLs and suffered a huge loss. 

JUDGMENT:

Rajnish Bhatnagar, J. while dismissing the bail application held that “the petitioner is a habitual offender having similar cases registered against him in the court of Thailand and he has even got issued 4 passports by changing his identity. So, when such is the position, the petitioner is a flight risk and the allegations against him are severe in nature who has cheated the complainant in a planned manner to the tune of more thanrupees Six Crores. The petitioner has even got 3 Bill of Ladings (BLs) released from the complainant and in order to gain the confidence of the complainant, he sent copies of two Telegraphic Transfers (TTs) as proof of payment and the complainant believing these two TTs to be true released 3 Bill of Ladings (BLs) but neither the due payment nor the payment against these 3 Bill of Ladings (BLs) was transferred by the petitioner and later on it was revealed during the investigation that the TTs were never deposited by the petitioner in the concerned bank at Thailand and the petitioner succeeded in getting 3 Bill of Ladings (BLs) released by the complainant by sending fake TTs.”

READ FULL JUDGMENT: https://bit.ly/3T3X6KX