Gujarat Court Grants Anticipatory Bail To Journalist Mahesh Langa In Cheating FIR, Says Dispute Over Non Payment Of Money Is Civil In Nature

A Sessions Court in Ahmedabad, Gujarat on Monday (November 25) granted anticipatory bail to Journalist and Senior Assistant Editor at 'The Hindu' newspaper Mahesh Langa in a cheating FIR registered against him on a complaint filed by an individual running an advertising agency. The court granted the bail after noting that as per the contents of the FIR, the dispute between the parties was for non payment of money which is "primarily in civil nature". It also noted that the alleged cheating had happened between March 2023 and October this year and the complainant had not explained the delay in filing the complaint. After considering arguments and contentions raised by the parties, the contents of the FIR, Additional Sessions Judge Hemangkumar Girishkumar Pandya in its order observed, "The alleged period of cheating is from 01.03.2024 to 29.10.2024 whereas the FIR is registered on 29.10.2024. On perusal of the FIR, it is revealed that the First Informant is engaged in running business in the name of Khushi Advertising Ideas Pvt. Ltd. He met the Applicant (Langa) before 1 & ½ Year ago at Star Bucks Coffee Shop, Bodakdev and by relying upon the word of the Applicant, the First Informant has transferred certain amount in the account of 'Vyomin Media Pvt. Ltd.' on 16.03.2024 and subsequently on 06.06.2024 total Rs.28,68,250/- has been paid by the First Informant on behalf of the Applicant. When the First Informant has asked for return of the said amount, the Applicant has denied to repay the said amount by threatening the First Informant that he may publish negative news against the First Informant. This is the sum and substance of the FIR". “Considering the fact the alleged offence are triable by the Magistrate, punishment prescribed thereof is maximum upto 7 years, the dispute between the parties are primarily in civil nature, non-payment of money," the court added. Furthermore, based on the law laid down by the Supreme Court in Siddharam Satlingappa Mhetre v. State of Maharashtra and Arnesh Kumar v. State of Bihar, the sessions court noted that the applicant, a resident of Ahmedabad with strong community ties, is unlikely to flee. As the complainant provided no explanation for the delay in filing the complaint, the court exercised its discretion to grant anticipatory bail to LangaThe Court observed in its order "The application filed by the present Applicant: Maheshbhai Prabhudan Langa, for anticipatory bail, filed under Section 482 of the Bharatiya Nagrik Suraksha Sanhita-2023, is hereby allowed.”Earlier, Langa had filed a plea before the Gujarat High Court challenging the 10-day police remand granted by a magisterial court, in an alleged Goods and Services Tax "fraud" case which later came to be withdrawn by him.The complainant, running Khushi Advertisement Ideas Pvt. Ltd. since 2013, alleged that he met Langa and by relying on his word, the complainant had transferred ₹28.68 Lakh to Langa for various purposes. When the complainant asked for the repayment, Langa allegedly threatened him with negative publicity using his media influence. The complainant thereafter approached the police and an FIR was filed on October 29 registered under Sections 316(2) (criminal breach of trust) and 318 (Cheating) of Bhartiya Nyaya Sanhita, 2023.The Counsel appearing for Langa submitted that no prima facie case exists against his client and he has been falsely implicated. He further stated that Land, the applicant is a journalist with 22 years of experience and currently Joint Editor of The Hindu, has no criminal history and is unlikely to abscond. The advocate stated that the transactions with the complainant, who runs an advertising agency, were legitimate payments for consultancy services.He further contented that to demonstrate good faith, the applicant is willing to deposit ₹28 lakh with the court. The advocate further argued that allegations of cheating and breach of trust require proof of malicious intent, which is absent in the FIR or supporting documents. He requested the court to grant anticipatory bail, assuring compliance with any imposed conditions.The Public Prosecutor opposed the bail application, arguing that the applicant defrauded and cheated the complainant for personal gain. He emphasized the need for custodial interrogation due to the seriousness of the allegations and the method of the offence. He urged the court to reject the bail application, considering the gravity of the case.While allowing Langa's plea the court said that the applicant "ordered to be released on anticipatory bail in the event of his arrest" in connection with the FIR registered at DCB Police Station for the offence punishable under Section 316(2) and 318 of The Bharatiya Nayay Sanhita, 2023, on furnishing surety bond in sum of Rs.15,000 with one surety of like amount to satisfaction of concerned Police Station. The court further imposed certain conditions on Langa which includes:That the applicant must not offer any...

Gujarat Court Grants Anticipatory Bail To Journalist Mahesh Langa In Cheating FIR, Says Dispute Over Non Payment Of Money Is Civil In Nature

Lovina B Thakkar

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