GOPAL DAS VAISHNAV Vs. MANFAL SINGH VERMA

JUDGEMENT

(1.) Apprehending arrest in connection with Complaint Case No. 1631/2011 registered in Police Station Khursipar, District Durg (C.G.) for the offence punishable under Section 420, the applicant has filed this application u/s. 438 of the Code of Criminal Procedure for grant of anticipatory bail. The applicant is a lessee bearing Lease No. 1280 having land admeasuring 23.80 sq. meters. It is stated that he entered into an agreement with one Renu Pandey for sale of the debris on 20.01.2010. However, it is alleged that similar transaction was made with the complainant on 27.01.2010 after obtaining payment of Rs. 1,60,000/- The applicant (sic) despite being fully aware that he having sold the debris to Renu Pandey, he is not legally entitled to again sell it in favour of the complainant.

(2.) Learned counsel for the applicant would submit that in fact the second agreement purportedly executed in favour of the complainant is a forged document for which the applicant has already filed a complaint case in the Court of JMFC, Durg, in which cognizance has been taken after registering the complaint case on 14.03.2012. Therefore, the applicant deserves to be released on anticipatory bail.

(3.) Learned counsel for the complainant would submit that the subsequent complaint Annexure A-2 has been filed only to raise a defence in the present complaint and the fact remains that the complainant has been cheated, therefore, the application deserves to be rejected.