SHANTI DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The case of the prosecution against the accused petitioner is that the complainant Rajesh Rathi had lodged a report at police station Brahmpuri, Jaipur that he is doing the business in cloths and shoes. The office for this purpose had been opened by the complainant in a plot at Ramgarh Mod. Jaipur. On 30.11.2014, the accused went to the office of the complainant and expressed her desire to purchase shoes. In consideration of the goods purchased, worth Rs. 1,05,000.00, she had given two cheques no. 000102 dated 01.01.2015 of Bank of Baroda and 000101 dated 24.12.2014 also of Bank of Baroda Branch Ramganj, Ajmer. When the said cheques were o presented to the Bank for payment, the same were dishonored. On the said report, a criminal case for the offences under sections 406, 420, 504, and 120 - B Penal Code was registered against the accused and the investigation commenced.

(2.) It has been argued by the counsel for the petitioner that there was business transaction between the parties. The aforesaid cheques had been issued by the accused in respect of payment of goods. The cheques which were issued to the complainant had not been returned by him even when a notice was issued by the accused to the complainant, through his counsel.

(3.) Learned public prosecutor has opposed the bail application and submitted that the instant case is not a one which has given rise to the civil liability but that of criminal liability, as the accused since the beginning had 1 never intended to pay the amount for the goods purchased by him.