VIJENDER SINGH MALIK, J. - (1.) SHIV Kumar, the petitioner seeks pre-arrest bail in a case registered by way of FIR No.242 dated 19.7.2011 at Police Station Barnala, District Barnala, for an offence punishable under sections 406, 407 read with section 120-B of Indian Penal Code.
(2.) THE complaint of M/s Madhav Rice Mill, Barnala, in brief, is that a consignment of 1080 bags of rice was sent in equal quantity in two trucks bearing registration No. HR-64-3863 and HR-64-2963 from Barnala to Kaithal depot of FCI vide biltis No. 180 and 181 dated 27.10.2010. THEse goods did not reach the destination. THE complainant could not receive the acknowledgment of receipt of rice and on enquiry, he was told by FCI people that no such rice had reached there. THE complainant then made enquiries and found that the trucks belonged to Shiv Kumar Gupta, owner of M/s Gupta Rice Mills, Kaithal and that he had misappropriated the commodity. Learned counsel for the petitioner has submitted that the petitioner himself is running a rice mill at Kaithal. According to him, the trucks in question are owned by the petitioner, but they are not used for transporting goods of others. According to him, the trucks are used to transport the goods of the petitioner himself. He has submitted that the material was allegedly loaded in the aforesaid trucks on 27.11.2010 while FIR has been registered on 19.7.2011. He has further submitted that the trucks are stated to have been taken from Gupta Transport Company, Barnala. According to him, no such transport company is there at Barnala. He has further submitted that distance between Kaithal and Barnala is about 250 Kms. and that it will not be profitable for the petitioner to send his trucks to Barnala for getting business.
(3.) LEARNED counsel for the petitioner has further submitted that the complainant himself is liable to the petitioner in the price of the goods of bills, Annexures P3 and P4. According to him, vide Annexures P3 and P4, material was sent to the complainant at Barnala and with a view to deprive the petitioner of the price of this material, this false case has been got registered. He has further submitted that the complainant has not filed reply to the allegations of the petitioner and, therefore, it will be deemed that he has admitted those allegations.;