Cri. Bail Appln. No.359 of 2022 (Or. Exh.1)

IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK AT – NASHIK.

Criminal Bail Application. No.359 of 2022 CNR No. MHNS010012262022

Rahul Kishanchand Sachdev
Age : 34 years, Occu. : Business
R/o : Flat No.12­B, Saint Kanwaram
Society, Anand Road, Devlali Camp,
Nashik. … Applicant.

V/S

State of Maharashtra Through Nashik Road Police Station. (C.R. No.I­76/2022) … Respondent.

Appearance : Ld. Adv. Shri. Sachin V. Bhate for Applicant.

Ld. Adv. Shri. Sachin Gorwadkar for Respondent.

Ld. Adv. Shri. G. M. Shaikh for Complainant.

ORDER BELOW EXH. N0.1
(D elivered on 04th April, 2022)

1. This is an application filed by the applicant under Section 438 of Criminal Procedure Code for grant of anticipatory bail in C. R. No.I­76/2022 registered with the respondent Nashik­Road Police Station for an offence punishable under Sections 420 and 406
of the Indian Penal Code.

2.Perusal of the F.I.R. reflects that on a direction given by the Ld. J.M.F.C. under Section 156 (3) of Cr.P.C., the F.I.R. came to be registered. It is an allegation that, the applicant entered into an agreement for sale of Maruti Desire Car to the complainant and thereafter instead of handing over the same to the complainant as agreed sold the same to third person.

3.It is the case of the applicant that, he is innocent and falsely implicated in this case. Applicant had obtained a hand­loan from the complainant, which he repaid. The complainant misused the Cheques issued by the applicant. By way of notice, the complainant had cancelled the agreement and therefore the applicant sold the Maruti Car to third person. The complaint applications filed by the applicant and the complainant is pending for inquiry with the Police.

The applicant is ready to co­operate the I.O. as the alleged offence pertains to documents. Therefore, prayed to allow the application on any terms.

4.Respondent appeared and filed their say vide Exh.6 and opposed the contents of the application. It is their case that, the applicant has cheated the complainant and misappropriated the amount. Investigation is in progress. Therefore, prayed to reject the application.

5.In this matter, complainant intervened and his intervention was allowed by this Court. Complainant filed written notes of argument/objection on record vide Exh.12.

6.Heard Ld. Advocate for applicant and Ld. A.P.P. for State. Ld. Advocate for complainant, when called found absent.

Considered the police­papers produced for inspection by the Ld. A.P.P.

7.Upon hearing and going through the material placed on record, what can be gathered is that, an Agreement was executed by the applicant and the complainant, which was notarized on 27.08.2019 wherein it was agreed that the applicant will sale his Car to the complainant for an amount of Rs.3,20,000/­ and will handover the custody of the Car on 27.09.2019. The record reflects that, thereafter the applicant was in financial difficulties and therefore complainant gave Rs.1,60,000/­ as a hand­loan to the applicant. The notice issued by the complainant reflects that, the agreement dated 27.08.2019 is cancelled. The applicant had issued Cheques to the complainant, which came to be dishonoured and proceedings are initiated against the applicant under Section 138 of the N.I. Act. The complainant made an application to the police and so is the case of the applicant. Both the applications are pending for inquiry before the Police.

8.In the above scenario, what can be gathered is that, as the applicant sold the Car to third person, therefore it seems that a complaint application was filed before the Ld. J.M.F.C. and a direction was sought. As the agreement came to be cancelled on the part of the complainant, therefore the applicant sold his Car to the third person. For the dishonour of Cheques, necessary proceeding is initiated by the complainant. Custodial interrogation of this applicant with the Police is not necessary as nothing is to be recovered or discovered at the instance of the applicant. As far as, for the progress of investigation is concerned, necessary conditions can be imposed. In the result, the application succeeds. Hence, the Order.

O R D E R

1.Criminal Bail Application No.359/2022 is allowed.

2.In the event of arrest Applicant Rahul Kishanchand Sachdev be released on bail on his executing a personal bond of Rs.15,000/­ with one solvent surety in like amount to the satisfaction of the I.O.

3.Applicant to appear before the I.O. at the respondent Police Station on every Monday between 11.00 a.m. to 01.00 p. m. for a period of one month and co­operate the I.O. in the investigation.

4.In above terms, the Criminal Bail Application No.359/2022 is disposed off accordingly.

Digitally signed by MUSHTAQUE MUSHTAQUE HUSSAIN HUSSAIN SHAIKH SHAIKH Date: 2022.04.04 17:23:46 +0530 Place : Nashik. (M. H. Shaikh) Date : 04/04/2022 Additional Sessions Judge, Nashik.