LAWS(MAD)-2022-11-20

ASHOK KUMAR Vs. STATE

Decided On November 07, 2022
ASHOK KUMAR Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 14/10/2022 for the offences punishable under Ss. 468, 471 and 420 of IPC in Crime No.22 of 2022 on the file of respondent police, seeks bail.

(2.) The case of the prosecution is that the defacto complainant runs a Cinema Theatre in the name and style of "Devi Theatres". While so on 22/9/2018, the defacto complainant had entered into a lease agreement with the petitioner in respect of running the said theatre and for which, the petitioner had paid an amount of Rs.13,00,000.00 as advance. Thereafter, the theatre was handed over to the petitioner, as per the lease agreement. The said lease agreement was expired on 21/9/2022. The petitioner has not paid the due amount of Rs.29,69,750.00 to the defacto complainant and the petitioner had also filed suit before the District Court, Nagapattinam against the defacto complainant with the aide of forged lease agreement, which contain the signature of the defacto complainant. Hence, the case.

(3.) The learned counsel appearing for the petitioner would submit that the petitioner had entered into the lease agreement with the defacto complainant in respect of running the theatre. The said lease was for a period of 4 years i.e., from 22/9/2018 from 21/9/2022. During this period, the petitioner had invested and developed the theatre by spending huge amount. The said lease was expired on 21/9/2022. Now, it has been projected as in the absence of the lessor, the lease agreement has been renewed from 21/9/2022 for a period of one year. It is alleged that the application for renewal and the "c form" itself a forged one and the signature of the defacto complainant is also a forged one.