Soumen Chaudhury vs The State (Govt Of NCT Of Delhi)

Headnote AI-drafted · Reviewed and approved

Three bail applications — two by Soumen Chaudhury and Arindam Chaudhuri seeking anticipatory bail in FIR No. 311/2019 under Sections 468/471 IPC registered at PS Dwarka South, and one by Arindam Chaudhuri seeking anticipatory bail in FIR No. 309/2021 under Sections 198/465/471 IPC registered at PS Saket — were heard together on account of common questions of fact and law. The FIRs arose from complaints by Breejesh Nirula, Director of M/s Zest Systems Private Limited, alleging that the applicants had submitted forged medical certificates before various Magistrate courts in proceedings under Section 138 of the Negotiable Instruments Act in order to obtain exemption from personal appearance, with the certificates having been issued in the name of a doctor who had died in 2006.

The complainant further alleged that the applicants were operating an organised racket of fabricating medical documents for use in multiple court proceedings across the country and before investigating agencies. A supplementary charge sheet had already been filed and cognizance had been taken under Sections 418/468/471/120B IPC in the related FIR No. 143/2019 at PS Rajinder Nagar. The sessions court had dismissed the anticipatory bail of Arindam Chaudhuri on 08.12.2020.

The Court heard the applications together with the consent of the parties. Counsel for the complainant opposed the bail applications on the ground that the allegations were serious, the applicants had cheated multiple persons across the country, and several litigations were pending against them, indicating a pattern of organised fraud upon courts and investigating authorities.

Catchwords: anticipatory bail · forged medical certificate · cheating · forgery · using forged document · Section 138 NI Act proceedings · exemption from personal appearance · fabricated documents · organised racket · multiple FIRs · deceased doctor · cognizance