LACHHA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present petition has been filed for grant of pre-arrest bail to the petitioner in case arising out of FIR No. 137 of 2012 registered at Police Station Bagra, Jalore for the offence under Sec. 420 and 406 IPC.

(2.) The counsel for the petitioner has submitted that complaint being the real estate agent has misused the process of criminal law to harm the petitioner. According to the counsel for the petitioner, the petitioner is posted as peon and was having ownership on 0.79 hectare land on the basis of Court decree. The petitioner had agreed to sell this land for sale consideration of rupees fifty eight lacs to alleged real estate developer executed between the petitioner and the complainant Jabbar Singh on 30.11.2011. Later, the petitioner had received rupees three lacs as an earnest money. Later, the petitioner had received various sums. The land to be sold by the petitioner was subject matter of the litigation as one Geega Ram had filed an appeal challenging the decree in favour of the petitioner.

(3.) Shri R.S. Gill appearing for the petitioner has submitted that the petitioner was made to understand by the complainant and his associate Bhanwar Singh that they will effect compromise on behalf of the petitioner with Geega Ram. Therefore, another agreement on 22.12.2011 was executed between the petitioner, complainant Jabbar Singh and Bhanwar Singh wherein it was noticed that rupees thirty lacs were to be paid to the petitioner within twenty five days. The counsel for the petitioner has submitted that rupees fifteen lacs were paid and for remaining rupees fifteen lacs were paid by way of a cheque issued by the complainant which on presentation had bounced. The petitioner had filed a complaint under Sec. 138 of Negotiable Instruments Act.