Systematic Siphoning of Funds, Fraud, and Forgery Prima Facie Established – High Court Denies Anticipatory Bail in Rs. 2.02 Crore Mobile Accessories Fraud Case
The Punjab and Haryana High Court has refused anticipatory bail to Ashok Kumar Sahni and Supriya Nakra, implicated in a fraud involving the misappropriation of Rs. 2.02 crores meant for purchasing mobile phone accessories. Justice Jasjit Singh Bedi concluded that the systematic siphoning of funds, along with the roles played by the accused within their company, clearly established a prima facie case of criminal conduct, thus denying the relief sought.
Legal Framework and Accusations: The applications for anticipatory bail arose from an FIR registered under Sections 406, 420, 467, 468, 471, 506, 120B of the Indian Penal Code at the Industrial Area Police Station, Bhiwani. The complaints detailed that M/s MDM Televentures Pvt. Ltd., directed by the accused, failed to supply goods despite receiving an advance payment of Rs. 2.02 crores.
Facts and Issues: The prosecution’s case pivots on substantial financial misappropriations revealed through a detailed investigation into several bank accounts linked to the accused and their associates. Both Sahni and Nakra were pinpointed as key operatives in redirecting funds for personal and associated use, leveraging their positions within the company.
Detailed Court Assessment:
Role of Directors and Control Over Operations: Evidence showed Sahni, though not involved in day-to-day operations, had substantial influence over the company’s financial transactions. Nakra, on the other hand, was deeply involved as the authorized signatory and overseer of administrative functions.
Criminal Antecedents and Influence on Ongoing Investigation: The court highlighted that both petitioners had previous criminal records with similar charges, reinforcing the decision against the grant of bail.
Misdirection of Funds: Transaction records clearly indicated deliberate misdirection of funds into accounts controlled by the accused, disrupting the chain of commerce and evidencing forgery and fraud.
Potential Threat to Witnesses and Evidence: Given the gravity of the accusations and their capacity to influence witnesses or tamper with evidence, the court underscored the necessity to deny anticipatory bail.
Decision: Citing systematic fraud and the potential to undermine the investigative process, Justice Bedi dismissed the anticipatory bail applications of Ashok Kumar Sahni and Supriya Nakra, underlining the severity of the allegations against them.
Date of Decision: May 10, 2024
Ashok Kumar Sahni vs State of Haryana and Supriya Nakra vs State of Haryana
