PUJA SHARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N. Deka, learned counsel for the applicant as well as Mr. N. Sharma, learned counsel representing the opposite party no.1/State.

(2.) By way of this application under Sec. 439 (2) CrPC, the applicant has prayed for cancellation of the anticipatory bail granted by this Court to the opposite party no.2 in connection with Paltan Bazar P.S. Case No.1310/2019, registered under Sec. 120(A)/406/420/506 IPC vide orders dtd. 4/3/2020 and 15/10/2020 in A.B. No.807/2020 against violation of the undertaking given by the opposite party no.2 while obtaining the said bail.

(3.) Briefly stated, one Ms. Puja Sharma, (applicant herein) lodged an FIR on 18/11/2019 before the Commissioner of Police, Kamrup, Guwahati Metro, alleging inter alia that she along with her two relatives paid advance amount of Rs.10,57,375.00 to the accused/opposite party no.2 for the purchase of three number of Flats. However, the accused/opposite party no.2 neither returned the money nor handed over the documents in respect of the Flats to be purchased. After repeated request, the accused accused/opposite party no.2 issued three number of cheques towards payment of said advance to the extent of Rs.10,00,000.00 (Rupees Ten Lakhs) but the said cheques were bounced. On the basis of the aforesaid FIR, the Paltan Bazar P.S. Case No.1310/2019 was registered against the accused person.