- (1.) As identical points for consideration for the grant of anticipatory bail or otherwise to the petitioners are involved, therefore, I propose to dispose of the above-mentioned petitions arising out of the same case/FIR, vide this common order, in order to avoid the repetition.
(2.) Concisely, the prosecution claimed that the firm of complainant Suresh Kumar and Rajender Kumar was dealing with the firm M/s Foji Enterprises, New Grain Market, Rohtak, for the last 3-4 years, which was run by the petitioners. On 04.5.2012, the firm of the complainant had sent a wheat to the petitioners. They had received the wheat by way of bills/bilties but did not make the payment of about Rs. 40,00,000/- to the complainant firm. The petitioners-accused were stated to have also cheated other persons and misappropriated the huge amount in lieu of wheat from them. In the background of these allegations and in the wake of complaints of complainant Suresh Kumar and Rajender Kumar, the present case was registered against the petitioners-accused by means of FIR No.163 dated 26.5.2012, on accusation of having committed the offences punishable under Sections 406 and 420 IPC, by the police of Police Station Shivaji Colony, Rohtak, in the manner depicted here-in-above.
(3.) Now, the petitioners have preferred the present petition for anticipatory bail in the above mentioned cases, invoking the provisions of Section 438 Cr.P.C.;