ABHISHEK SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) With consent heard through video-conferencing.

(2.) This is the first bail application preferred by the applicant under Section 438 of Cr.P.C. wherein he is apprehending his arrest in a case registered at Crime No.265/2020 at Police Station City Kotwali, District Morena for the offence under Sections 420 , 406 , 120-B of IPC.

(3.) It is submitted by learned senior counsel for the applicant that he is apprehending his arrest on the basis of registration of false case at the instance of complainant. In fact the complainant himself was reluctant to pursue partnership firm, therefore, despite issuance of several reminders when he did not turn up then applicant proceeded to get Tractor Agency afresh. Civil litigation has been tried to be converted into criminal liability. Arbitration clause exists in the partnership deed so that they may resolve the dispute. It is further submitted by learned senior counsel that applicant is ready to settle the matter with the complainant provided some breathing time is given to him. Learned senior counsel seeks parity vis-a-vis orders dated 21-04-2020 passed in M.Cr.C.No.13153/2020 and 12-05-2020 passed in M.Cr.C.No.13182/2020. He undertakes to cooperate in investigation and to perform community service and as a mark of gesture for National cause, learned senior counsel on behalf of the applicant fairly submits that he is ready to contribute in PMCARES fund to the best of his ability as well as for welfare of migrant labourers. Confinement would bring social disrepute and personal inconvenience. Consequently, he prayed for bail of anticipatory nature.