1 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Criminal Petition No.1838 of 2025 Order: This Criminal Petition, under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner herein/A1, seeking anticipatory bail, in connection with Crime No.403 of 2024 of Arundalpet Police Station, Guntur district. 2. A case has been registered against the petitioner herein and others for the offences punishable under Sections 420, 406, 506 read with 34 IPC. 3. Case of the prosecution, in brief, is that the accused are alleged to have approached the de facto complainant and induced her to invest in a Mattress distribution business owned by the accused and promised her to get financial benefits by becoming a Clearing and Forwarding agent. It is alleged that despite investing the amounts, the de facto complainant did not receive any financial returns, thereby the accused cheated her and caused financial loss to her by playing a fraud. It is also alleged that the accused threatened the de facto complainant and her family members. 2 4. Learned counsel appearing on behalf of the petitioner herein submits that as the dispute between the petitioner herein and the de facto complainant is purely mercantile in nature, the offences alleged in the FIR would not attract against the petitioner herein. Any dispute that arose between the petitioner herein and the de facto complainant should be resolved by way of filing civil proceedings. He further submits that the de facto complainant filed OMP (I) (COMM.) No.3609 of 2024 on the file of the learned District Judge, Commercial Court, South District, Saket Courts, New Delhi and, by an order dated 16.01.2025, the learned District Judge referred the matter to mediation and directed both the parties to appear before the Saket Mediation Centre, Saket District Courts. He further submits that pursuant to the said direction, the parties have entered into a compromise and in connection with that the learned counsel also filed copy of memorandum of understanding entered between the petitioner herein and the de facto complainant dated 24.02.2025. 5. On the other hand, learned Additional Public Prosecutor submitted that the de facto complainant was made to believe the representations and assurances of the accused and pursuant to that the de facto complainant transferred an amount of 3 Rs.10,00,000/- at once and paid the amount in the name of Mohit Rubber Foam India Private Limited and subsequently Rs.1.05 Crores was extracted by the accused from the de facto complainant as security deposit for acting as Carrying and Forwarding Agent. 6. Heard. Perused the record. 7. Admittedly, the transaction between the petitioner herein and the de facto complainant appears to be purely mercantile transaction. Hence, there is any amount of ambiguity whether the offences under Sections 420, 406 and 506 read with 34 IPC would attract against the petitioner herein or not. The same needs examination. Further, the de facto complainant filed OMP (I) (COMM.) No.3609 of 2024 on the file of the learned District Judge, Commercial Court, South District, Saket Courts, New Delhi and, by an order dated 16.01.2025, the learned District Judge referred the matter to mediation and directed both the parties to appear before the Saket Mediation Centre, Saket District Courts on 18.01.2025. Pursuant to the said direction, the petitioner herein and the de facto complainant have entered into a memorandum of understanding dated 24.02.2025 and resolved 4 that any dispute between them should be referred to a sole arbitrator to be appointed by both the parties on mutual consent. 8. In view of the aforesaid facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner herein/A1 on the following conditions. i) In the event of arrest of the petitioner/A1 in the above crime, he shall be enlarged on bail on his executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of the like sum each to the satisfaction of the concerned Arresting Officer. ii) Petitioner shall make himself available for investigation as and when required and that he shall not cause any threat, inducement or promise to the prosecution witnesses. 9. Accordingly, the Criminal Petition is allowed. As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Petition shall stand closed. _______________________ K. SREENIVASA REDDY, J Dated:29.04.2025 Nsr 5 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Criminal Petition No.1838 of 2025 Dated:29.04.2025 Nsr