DAMODAR SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) On the statement of Devender Saini, F.I.R. No. 1361 dated 10.11.1998 came to be registered at Police Station Central, Faridabad under Section 420 IPC. The allegation in the complaint is that the said Devender Saini has been cheated of a sum of Rs. 1,29,700/- by (1) Wajid Khan, Director of the firm named M/s Al Talib Trading Private Limited, and (2) Damodar Sharma, the Manager of the above said firm who is the petitioner herein, in conspiracy with each other. According to the complainant, Wajid Khan approached the complainant directly and through his Manager-Damodar Sharma, the petitioner herein, for purchase of certain items and that Wajid Khan assured the complainant that he would make payments on delivery of the items. The complaint also proceeds to say that the complainant had supplied certain items valued at Rs. 73,980/- and also that on the request of petitioner-Damodar Sharma, the complainant got brass burners made at a cost of Rs. 44,220/-. It has also been stated in the complaint that petitioner-Damodar Sharma lifted the materials and made a part payment in the form of a cheque of Rs.15,000/- promising to pay the balance in a couple of days, but when the cheque was presented for encashment, it was returned unpaid for want of funds. According to the complainant, when he informed Damodar Sharma and Wajid Khan about the same, instead of paying the amount, Damodar Sharma, the petitioner herein, even denied having issued any cheque. According to the complainant, Damodar Sharma and Wajid Khan have played a fraud and have issued this bogus cheque with mala fide intentions. The complainant has also alleged that they have issued the bogus cheque to defraud him, and have thereby committed an offence under Sections 415 and 420 IPC.

(2.) Therefore, the petitioner approached the Sessions Judge, Faridabad with an application under Section 438 Cr. P.C. for granting him anticipatory bail which was rejected by the learned Sessions Judge. The petitioner has, therefore, approached this Court under Section 438 Cr. P.C.

(3.) I have heard the counsel for both the sides.