VADLAMUDI NARASIMHA RAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Apprehending the arrest in connection with C.R.No.60 of 2022 registered with Uran police station for the offences punishable under Ss. 420 and 506 of the Indian Penal Code (for short ' IPC '). The applicant is seeking relief under Sec. 438 of the Code of Criminal Procedure (for short ' Cr.P.C .).

(2.) According to the prosecution, an agreement for sale of old vehicles was executed for sale consideration of Rs.9,50,000.00 between the informant and the applicant. Subsequently, an agreement for sale silent diesel generator for sale consideration of Rs.12,00,484.00 was also executed. The informant paid amount of Rs.12,00484.00. However, the applicant refused to hand over custody of two vehicles, one silent diesel generator and to transfer its ownership. Hence, he filed a report. The applicant approached learned Sessions Judge seeking relief, his application has been rejected. Hence, the present application.

(3.) Learned Advocate for the applicant invited my attention to the translation of alleged agreement dtd. 28/4/2020. Prima facie on perusal of the agreement, it appears that the agreement has been executed between the applicant and one Raju Chilukari for sale of vehicles. The informant is not a party to said agreement. Prima facie dishonest intention at the inception is missing.