SURENDRA RAJPUROHIT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present bail application has been filed under Section 438 Cr.P.C. in connection with FIR No.23/2020 registered at Police Station Gandhi Nagar, Jaipur City (East) for the offence(s) under Sections 420, 406 and 120-B of IPC.

(2.) Learned counsel for the petitioner submits that the petitioner had joined the investigation as per the direction of this court. Learned counsel for the petitioner further submits that the petitioner and complainant were business partner. As per business transaction, complainant had given money to the petitioner and case pertains to civil nature and criminal colour has been given to it. Learned counsel for the petitioner further submits that in FIR, complainant had demanded for recovery of money. Learned counsel for the petitioner further submits that petitioner had filed the civil suit for the remission of the amount against the complainant after that as a counter blast FIR has been lodged. Learned counsel for the petitioner further submits that criminal case cannot be instituted for the recovery of money. So, the petitioner be enlarged on anticipatory bail.

(3.) Learned counsel for the complainant submits that the complainant had filed the first FIR in 2019 but no action was taken by the Police. After that, the complainant had filed the second FIR. Learned counsel for the respondent further submits that he had not received the notice of the civil suit. Petitioner had taken the money by misrepresentation and fraud committed by him. So, the anticipatory bail application be dismissed.