MOHAMMAD SALIM TIGALA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is the First Bail Application filed under Sec. 439 of Code of Criminal Procedure for grant of bail in connection with Crime No.395/2022 registered at Police Station Balod, District Balod (C.G.) for the offence under Sec. 420 of IPC.

(2.) Facts of the case in brief is that on 08/09/2022 the complainant has filed a complaint before the Police Station alleging that two years prior the present applicant has obtained Rs.7,50,000.00 and agreed to sale the land and also executed power of attorney in favour of the complainant and during the execution of the power of attorney the applicant has said that he would pay this amount and take his documents or sell the land in favour of the complainant, in respect of this the applicant has paid amount of Rs.2,50,000.00 (cash received with notary) thereafter the applicant has gave cheque of Rs.5.00 Lacs and the same was dishonored by the bank with marked that the account has been closed. Then the applicant has mortgaged the land and has taken the loan of Rs.12,50,000.00 thereby the applicant has cheating with applicant.

(3.) Learned counsel for the applicant submits that the allegation against the applicant is false and fabricated. He further submits that no ingredients of Sec. 420 of IPC is made out, there was a monetary transaction between the applicant and the complainant and certain amount was taken by the applicant as a loan from the complainant, cheque was also given and allegedly the said cheque was dishonored, the notices to prosecute the applicant under Sec. 138 of Negotiable Instrument Act was also given by the complainant, thereafter a report has been lodged. There is no ingredients of any criminality but it is a purely civil transaction which has been given in a colour of criminality. He places reliance upon the judgment of the Supreme Court in the matter of Chandran Ratnaswami vs. K.C. Palanisamy and Others, reported in (2014) 1 SCC (Cri.) 447 and submits that the investigation is complete, chargesheet has already been filed, trial is likely to take some time, applicant is in jail since 16/09/2022 and the offence is triable by the Magistrate.