AJAY AGARWAL Vs. STATE OF M P

JUDGEMENT

(1.) HEARD , Shri J.P. Gupta, advocate for the petitioners. He submitted that this matter is off -shoot of the auction of Toll posts and unfortunately, petitioners are involved in false case, in crime No. 145/94. P.S. Dhamnod under Sections 365, 395, 397 and 342 I.P.C.

(2.) SHRI Gupta, submitted that as per prosecution case, when F.D.Rs. to the tune of Rs. 5 lakhs, were issued by Sharda Gramin Bank, Maihar, District Satna on 25.4.1994 during banking hours, a person could not have travelled from Maihar to Dhamnod before 10.30 a.m. when the said bank was to open. Pointing out this, the counsel for the petitioners submitted that the prosecution case that the complainant was robbed of the amount of said F.D.Rs. is nothing but a falsehood. Besides that he submitted that because of rivalry on account of the auction of said Toll posts for seeing that the petitioners should not bid for it, this case has been falsely fabricated against them.

(3.) THE counsel for the petitioners submitted that a certificate from S.P. Indore dated 28.12.1993 has been annexed as Ex. P -1 to the petition, which shows that the petitioner Ajay Agrawal was not having any sort of criminal antecedents, on or prior to the said certificate dated 28.12.1993. He pointed out that Anx. P -7 shows that S.P. Indore certified on 9.4.1993 the petitioner Ajay Tandan was not having criminal antecedents on or before 9.4.1993. He pointed out that Anx. P -2, P -3 and P -4 shows that petitioners are well to do persons which guarantee that they would not abscond. He also pointed out that Anx. P -5 shows that they were involved in the auction of Toll posts on IndoreKhandwa road near Mortakka pertaining to year 1993 -94.