PALLAVI MISHRA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Though the matter has been listed on admission, but, with the consent of the parties, the matter is heard finally, as case diary is also available with the learned State counsel.

(2.) This first anticipatory bail application under Sec. 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending her arrest in connection with Crime No.224/2025 registered at Police Station Kotwali, District Raigarh (CG) for the offences punishable under Ss. 318(4) and 3(5) of the Bhartiya Nyaya Sanhita, 2023.

(3.) As per the prosecution case, on 14/5/2025, an FIR has been registered against the present applicant with an allegation that the husband of the present applicant namely Dr. Sanjay Banjare is having a house in his ownership at Mathpurena, Raipur. The husband of the present applicant-Dr. Sanjay Banjare has entered into an agreement for sale of the said house to the complainant-Chandan Singh Thakur on 23/10/2024 for total consideration of Rs.47.00 Lakhs and out of the total sale consideration, Rs.10.00 Lakhs was paid to the Seller as advance amount through Cheque No.000011, dtd. 23/10/2024 and the time fixed for registration of the sale deed was four months from the date of execution of the agreement. It is also alleged in the complaint that on 29/10/2024, another amount of Rs.5.00 Lakhs was paid to the husband of the present applicant through RTGS, but the sale deed of the said house could not be executed in favour of the purchaser/complainant. Since the sale deed could not be executed in favour of the purchaser, there was mutual settlement between them to refund the advance amount paid to the husband of the present applicant and in pursuance thereof, a cheque of Rs.15.00 Lakhs was issued by the husband of the present applicant in favour of the complainant, but, the said cheque was dishonoured by the Payee Bank for want of sufficient fund in the bank account of the husband of the present applicant. Thereafter, an FIR has been lodged by the complainant on 14/5/2025 at Police Station Kotwali, District Raigarh, in which, the applicant is apprehending her arrest.