AAYUSH JHAWAR Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition, under Section 439(2) of the Code of Criminal Procedure, 1973, is filed by the petitioner/de facto complainant seeking to cancel the regular bail granted to respondent No.2/A.2 in Crl.P.No.337 of 2021 on the file of the II Additional Junior Civil Judge-cum-XIX Additional Metropolitan Magistrate, Cyberabad at Malkajgiri, vide order dated 20.03.2021.

(2.) The facts in issue are as under: The complainant is running a business under the name and style 'NBT Enterprises' and he also a distributor for another tiles company by name 'Simanto Vitrified LLP'. In the month of April 2018, the accused persons approached the complainant's office and purchased goods and paid the amounts. Later, accused persons approached the complainant and asked for line of credit. As the complainant trusted the accused persons, has given a credit of 10 to 15 days by delivering small order and the rotation in materials and money was going well. A month later, accused persons came to the complainant and asked a large order and wanted a credit period of a month, by which the complainant gave Rs.64,35,393/- order. After a month, when the complainant asked about the same, they used to skip the conversation. When the complainant demanded to give the amount, accused persons asked him to provide another three trucks of tiles. A day after, when the complainant went for payment, he noticed that the shop of the accused persons was closed and a week later, the complainant went to?Manikanta, who is a mutual acquaintance to both of them, owns and runs Srinivasa Tiles Worlds at Eswarapur Colony, came to the complainant's notice that from him both the accused purchased tiles at Rs.32 per sq. ft. and turn around, sold the same tiles to the third party i.e., Manikanta at Rs.30 per sq. ft. Basing on the private complaint, a case in Crime No.919 of 2020 is registered by Kusaiguda Police Station, Rachakonda Commissionerate.

(3.) Respondent No.2/A.2 filed Crl.M.P.No.299 of 2021 seeking bail in the above crime. On 15.03.2021, the learned II Additional Junior Civil Judge-cum-XIX Additional Metropolitan Magistrate, Cyberabad at Malkajgiri, granted bail to respondent No.2. The present application is being filed by the de facto complainant seeking cancellation of bail granted to respondent No.2.