LAWS(ALL)-2010-5-171

ANIBARN CHATTERGI Vs. STATE OF U.P.

Decided On May 17, 2010
Anibarn Chattergi Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard Shri Shyamal Narain, learned counsel for the applicant, Shri Gopal Chaturvedi, learned Senior Counsel assisted by Shri Somesh Khare, Advocate for the complainant and learned A.G.A for the State.

(2.) The allegations against the applicant are that he allegedly connived with the other co-accused in providing a false information with regard to the Curio value of the antique plate, which is subject matter of the offence committed. It is alleged that the applicant projected the market value of the said item in such a way that the complainant was induced to make huge investments. The allegations are that several crores were involved and the item for which the alleged transaction was being carried out was suggestively certified by the applicant to be of that market value which would fetch many more times the amount that was to be paid. The allegations further went on to indict the applicant on account of his certification. The complainant and his company proceeded to invest a huge sum and ten cheques of Rs. 25 crores each were allegedly kept in a safe to be handed over upon the completion of the transaction.

(3.) Shri Shyamal Narain, learned counsel for the applicant contends that a fantastic story has been spun around and the applicant was implicated in spite of the fact that there is no alleged transaction of money with the applicant. A supplementary affidavit has been filed indicating that those, who had allegedly received money from the complainant, have already been bailed out or in the alternative there are orders staying the arrest of the co-accused.