AAKASH SINGHAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The applicant has preferred this first bail application for grant of anticipatory bail, as he apprehends his arrest in connection with Crime No.271/2020, registered at Police Station Tikrapara, Raipur (CG), for offence punishable under Section 420 of the Indian Penal Code.

(2.) As per the material available in the case diary, the complainant and the applicant entered into an agreement for supply of coal. Pursuant to which the complainant made payment of Rs.22.40 lacs to the applicant, however, despite reeving the amount the agreemented quantity of coal was not supplied, therefore, in terms of clause 6 of the agreement (Annexure A/4) the FIR has been lodged. It seems after the first agreement and upon his failure to supply coal or to return the whole amount, the applicant paid Rs.4.00 lacs to the complainant and executed another agreement dated 7-3-2020 acknowledging that he has to make payment of balance amount of Rs.15.00 lacs. He also issued a cheque towards security for repayment, mentioning in the agreement that if the amount is not repaid the cheque can be encashed. However, when the cheque was produced for encashment the applicant instructed his banker to 'stop payment'.

(3.) Mr. Rahul Tamaksar, learned counsel appearing for the applicant, would argue that the subject transaction involves a civil dispute and offence under Section 420 of the IPC is not made out. Learned counsel would also argue that the required quantity of coal has already been supplied to the complainant.