AKHILESH MESHRAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This application under Sec. 438 of the Code of Criminal Procedure has been filed by the applicant who is apprehending his arrest in connection with Crime Number 41/2021 registered at Police Station Rajhara, District Balod (C.G.) for the offence punishable under Sec. 420 of Indian Penal Code.

(2.) The prosecution case, in brief, is that on 21/5/2018, the applicant fraudulently obtained Rs.9,50,000.00 from the complainant on the pretext of providing government job to his two daughters on the post of Rural Agriculture Extension officer and Computer Operator. It is also alleged that a cheque was given by the applicant to the complainant to return the amount which got dishonoured on account of insufficient balance. Based on this, offence has been registered against the applicant.

(3.) Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that the complainant himself is running illegal business of lending money without any license and the applicant had taken money from the complainant for personal work. He also submits that the applicant had only taken Rs.1,50,000.00 from the complainant, out of which Rs.1,00,000.00 has been returned to him and only Rs.50,000.00 is outstanding. He also submits that the applicant has been served with a notice under the Negotiable Instrument Act. It is also added that a criminal colour has been given to this matter by the complainant.