1 2025:CGHC:45233-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2679 of 2025 Smt. Sunita Agarwal W/o Late Shri Arun Agarwal Aged About 56 Years Director- M/s Sunshine Caterers Private Limited, R/o Bunglo No. 1, Basant Vihar, Dr. C G Road, Chembur East, Mumbai (Maharashtra). ... Petitioner versus 1 - State of Chhattisgarh Through Station House Officer, P.S.- Rajnandgaon Kotwali, Distt- Rajnandgaon C.G. 2 - Vikas Bohra S/o Jethmal Bohra Aged About 41 Years R/o Suncity A- Block 33, P.S. Kotwali, Tehsil And District Rajnandgaon C.G. ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Jaydeep Singh Yadav, Advocate For Respondent No.1 : Mr. Soumya Rai, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha , Chief Justice 04.09. 2025 1. Heard Mr. Jaydeep Singh Yadav, learned counsel for the petitioner as well as Mr. Soumya Rai, learned Panel Lawyer, appearing for the State/respondent No.1. ANURADHA TIWARI Digitally signed by ANURADHA TIWARI Date: 2025.09.04 18:00:54 +0530 2 2. The present writ petition has been filed by the petitioner with the following prayer:- “It is, therefore, prayed that this Hon’ble Court may kindly be pleased to allow the petition and the FIR bearing crime no.375/2024 lodged by the Police Station Kotwali, Rajnandgaon (C.G.) dated 23/06/2024 under Section 420 of IPC be dismissed and quashed against the petitioner, in the interest of justice.” 3. In compliance of the order of this Court dated 28.08.2025, the Superintendent of Police, Rajnandgaon, Chhattisgarh has filed his personal affidavit, relevant portion of which reads as follows :- “2. That the petitioner has preferred the captioned petition under section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 being aggrieved by the registration of the FIR at Crime No. 375/2024 at Police Station Kotwali District Rajnandgaon (CG) for the offence punishable under sections 420 of IPC upon the complaint of the respondent No.2 dated 23/06/2024. 3. That this Hon'ble Court vide its order dated 28/08/2025 has been pleased to direct the Superintendent of Police, District Rajnandgaon to file his personal affidavit, after obtaining information from the Investigating Officer, explaining why the investigation in the present case is still stated to be pending against the petitioner, although 3 the FIR in respect thereof was lodged on 23/06/2024 for the offence under section 420 of IPC and further considering that the petitioner has already been granted anticipatory bail in MCRCA No. 366/2025 on 17/03/2025 (Annexure-P-6). 4. In compliance of the direction of the Hon'ble Court it is respectfully submitted that the complaint dated 23/06/2024 made by the respondent No.2/Complainant discloses commission of cognizable offence against the petitioner and therefore FIR has been registered at Crime No. 375/2024 for the offence punishable under section 420 of IPC at Police Station City Kotwali District Rajnandgaon (CG). 5. That the case of the prosecution is that the complainant namely Vikas Bohra, aged 40 years lodged an FIR against the present petitioner in P.S.- Rajnandgaon Kotwali on 23/06/2024 alleging that, M/s Sunshine Caterers Pvt. Ltd, Mumbai is a company, operational in Mumbai and one Arun Agarwal and the present applicant Smt. Sunita Agarwal were the joint Directors of the said company. In the year 2013, the Directors of the said company had taken a financial help from the complainant for an amount of Rs. 1 crore with the assurance of providing 3 lakhs monthly income from the profit of their business. Upon the said assurance, the complainant then from his State Bank of 4 India account, Main Branch, Rajnandgaon granted a total of Rs. 1 Crore to the company's account of the applicant and her husband but no profit or income were returned to the complainant and upon demanding the due amount, the then Director Arun Agarwal used to make false promises of paying soon. The complainant further alleged that, during the Covid-19 epidemic, the company's Director Arun Agarwal died leaving the present applicant as the only Director of the said company and upon demanding the said money from her, she then entered into an agreement on an stamp paper with the complainant in Rajnandgaon with the promise of returning Rs. 5,00,000/- (Rupees Five Lakhs Only-) in 20 installments and thereby provided 20 post-dated cheques to the complainant but upon presenting the said cheques his bank, few cheques were dishonored for the reason of "insufficiency of funds" and few due to "account closed" and the last cheque was dishonored on 16/03/2023. The complainant then lodged an FIR against the present applicant under the offence of section 420 of IPC in PS Rajnandgaon Kotwali on 23/06/2024. 6. That after registration of the FIR the Station House Officer, Police Station Kotwali District Rajnandgaon issued notice on 26/07/2024 under section 41(A) of the Code of Criminal Procedure to the 5 petitioner/accused at the given address viz Smt. Sunita Agrawal W/o. Late Arun Agrawal, Director M/s. Sunshine Caterers Private Limited R/o. Bunglaw No.1, Basant Vihar, Doctor C.G. Road, Chembur, East Mumbai (Maharashtra) for her appearance on 31/07/2024 in respect to the crime registered against her at Crime No. 375/2024, but the petitioner failed to appear. Thereafter further notice was issued to the petitioner 27/10/2024 for appearance of the petitioner on 05/11/2024 again the petitioner failed to appear and finally again notice was issued on 27/03/2025 but the petitioner deliberately not appearing before the police and thus it is clear that the petitioner is not cooperating with the investigation. Copies of the notices dated 26/07/2024, 27/10/2024, 27/03/2025 under Section 41-A of Cr.P.C. issued to petitioner by the SHO PS Kotwali District Rajnandgaon are collectively annexed herewith as Document-A. 7. It is pertinent to mention here that this Hon'ble Court vide its order dated 17/03/2025 passed in MCRCA No. 366/2025 has been pleased to grant anticipatory bail to the petitioner on the following conditions:- "(a) She shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such fact to the Court. 6 (b) She shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) She shall appear before the trial Court on each and every date given to her by the said Court till disposal of the trial. (d) The applicant and the surety shall submit a copy of their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) She shall not involve herself in any offence of similar nature in future." 8. That despite granting the anticipatory bail from this Hon'ble Court the petitioner failed to appear before the Investigating Officer in respect to the Crime No. 375/2024 registered against the petitioner and on account of the above circumstances the investigation in the present case is still pending against the petitioner despite lapse more than one year and in absence of appearing the petitioner before the Investigating Officer for recording the statement of the petitioner the police are unable to conclude its investigation and file the charge sheet in the present crime. 9. It is important to mention here that further a team has also been constituted to visit the address of the petitioner at Bunglaw No.1, Basant Vihar, Doctor C.G. Road, Chembur, 7 East Mumbai (Maharashtra) alongwith the jurisdictional police station Mulund District Jilha, Maharashtra State to serve the notice under section 41-A of the Code of Civil Procedure upon the petitioner comprising of Head Constable 856 Mr. Brij Mohan Yadav; Women Head Constable No. 803 Dhansir Bhuarya and Constable No. 1987 Mr. Manoj Jain, Constable No. 781 Mr. Aditya Solanki on 27/03/2025 and on visiting the residence of the petitioner, no one is present in the house of the petitioner and the said notice was received by the Advocate of the petitioner and thus it is clear that the police are making best endeavor to serve the notice upon the petitioner in the said crime.” 4. It transpires from the said affidavit that the present petition has been preferred being aggrieved by the registration of FIR No.375/2024 at Police Station Kotwali, District Rajnandgaon (CG) for the offence punishable under Section 420 of IPC on the complaint of respondent No.2 dated 23.06.2024. It further transpires that, pursuant to the order of this Court dated 28.08.2025, the Superintendent of Police, District Rajnandgaon has filed his personal affidavit stating that the complaint dated 23.06.2024 discloses commission of cognizable offence, whereupon the aforesaid FIR was registered. The prosecution case, as disclosed therein, is that the complainant, namely Vikas Bohra, had advanced a sum of Rs. 1 Crore in 2013 to M/s Sunshine Caterers Pvt. Ltd., Mumbai, of which the petitioner Smt. 8 Sunita Agarwal and her husband late Arun Agarwal were Directors, on the assurance of receiving Rs. 3 Lakhs per month from the profits of the business. However, despite repeated demands and execution of an agreement with issuance of 20 post-dated cheques, several cheques were dishonoured for the reasons of insufficiency of funds or account closed, and the last such cheque was dishonoured on 16.03.2023, leading to the FIR. 5. It also transpires that after registration of the FIR, the Station House Officer, Police Station Kotwali, Rajnandgaon issued notices under Section 41-A Cr.P.C. to the petitioner on 26.07.2024, 27.10.2024, and again on 27.03.2025 for her appearance, but she failed to appear on the given dates. A team was even deputed to serve notice at her Chembur, Mumbai residence along with local police; however, the notice was received by the petitioner’s Advocate, and the petitioner has not cooperated with the investigation. It further transpires that though the petitioner was granted anticipatory bail by this Court in MCRCA No.366/2025 on 17.03.2025 subject to conditions, including cooperation with investigation, she has failed to appear before the Investigating Officer. Owing to her non-cooperation, the investigation remains pending despite lapse of more than one year, and the charge-sheet could not be filed. 6. Considering the matter in its entirely, we are of the view that the investigation of the case has brought to its logical end, as such, 9 we direct the concerned Superintendent of Police / Senior Superintendent of Police, Rajnandgaon to ensure that the investigation of the present case be concluded expeditiously preferably within a period of three weeks from the date of receipt of certified copy of this order, if already not concluded and submit a Police Report under Section 173(2) of the Cr.P.C. (now under Section 193(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023) before the competent Court in accordance with law. If the petitioner is aggrieved by the result of the investigation, he shall be at liberty to take recourse to law as available to him. 7. Learned State counsel is directed to furnish a copy of this order to the concerned Superintendent of Police / Senior Superintendent of Police, Rajnandgaon, District Rajnandgaon (C.G.) for necessary information and compliance forthwith. 8. With the aforementioned observations/directions, instant petition is disposed of. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Anu