KAPIL KOURAV Vs. STATE OF M P

JUDGEMENT

(1.) This misc. criminal case has been filed by the petitioner under Section 439 (2) of the Cr.P.C. for cancellation of anticipatory bail granted to the respondent Nos. 2 and 3 by order dated 23.12.2017 passed by the Court of VIII Additional Session Judge, Jabalpur in Bail Application No.2631/2017.

(2.) The facts giving rise to this misc. criminal case may be summarized as hereunder: Petitioner Kapil Kourav filed an application under Section 156(3) of the Cr.P.C. against Neeraj and Gulshan Makkad, owners of Karan Shoes, Malviya Chowk, Jabalpur in the Court of Judicial Magistrate First Class, Jabalpur for a direction to the concerned S.H.O. to register an offence under Sections 420, 467, 468, 471, 481, 482 and 486 read with Section 34 and 120-B of the I.P.C. It was alleged in the application that petitioner Kapil had purchased a slipper with brand name 'Softy' from the shop of respondents Gulshan and Neeraj on 13.10.2017. The price for the slipper was quoted for Rs.790 but the slipper was sold to the petitioner for the price of Rs.740/-. A cash memo No.A-48 was issued for Rs.740, wherein GSTIN23ADTPM3222EIZS was mentioned. The Softy Company had pasted a slip on the slipper bearing the M.R.P. of Rs.499/-; however, Karan Shoes had pasted another slip on the original slip in the name of the shop, wherein the M.R.P. had been mentioned as Rs.790/- The slip also bore Bar Code No.99900000005825. The G.S.T. number and Bar Code was found to be forged. The shop did not write the name of the petitioner on the cash memo.

(3.) Learned counsel for the petitioner submits that in aforesaid manner, respondent Nos. 2 and 3 have committed fraud and forgery pursuant to a criminal conspiracy. When the petitioner had protested about the same to respondent Nos. 2 and 3, they had admitted that they had supperimposed slip of the shop mentioning enhanced M.R.P. of Rs.790. A video recording for the same was prepared by the petitioner. The application of the petitioner under Section 156(3) of the Cr.P.C. has been allowed by learned Judicial Magistrate First Class by order dated 17.11.2017 and the S.H.O. of concerned Police Station was directed to register the FIR in the matter. The Crime No.442/2017 under Sections 420, 467, 468, 471, 481, 482 and 486 read with Section 34 and 120-B of the I.P.C. was registered by Police Station Lordganj, Jabalpur on 22.10.2017; yet, the Court of VIII Additional Sessions Judge, Jabalpur has granted the anticipatory bail to the respondent Nos.2 and 3 on unsustainable grounds; therefore, it has been prayed that the order of anticipatory bail dated 23.12.2017 passed by the Court of VIII Additional Sessions Judge, Jabalpur in Bail Application No.2631/2017 be set aside and anticipatory bail be canceled.