Amit Ruparel And Anr vs The State Of Maharashtra And Anr
2022 Latest Caselaw 10147 Bom

TAUSEEF
LAIQUEE               Tauseef Farooqui                                   09-WP.4081.2019.doc
FAROOQUI
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TAUSEEF LAIQUEE
FAROOQUI                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Date: 2022.10.04
19:24:01 +0530                       CRIMINAL APPELLATE JURISDICTION

                                   CRIMINAL WRIT PETITION NO.4081 OF 2019


                      Mr. Amit Ruparel & Anr.                        ...Petitioners
                            V/s.
                      State of Maharashtra & Anr.                    ...Respondents

                                                      *****
                      Mr. Kapil P. Dave for the Petitioners.
                      Mr. A. R. Patil, APP for the Respondent No.1 (State).
                                                      *****

                                               CORAM         :   AMIT BORKAR, J.

                                               DATE          :   OCTOBER 3, 2022

                      P.C.:

1. The petitioner challenging the order of issuance of

process under Section 420 read with 34 of the Indian Penal Code,

1860. There is neither averment in the complaint that there was

fraudulent intention of the petitioner at the inception of

transaction nor there are circumstances averred in the complaint

to indicate that the petitioner's intention was fraudulent. True, it

is that the subsequent conduct can be considered to infer the

intention at the inception. That is not the sole test. The Courts

have drawn a distinction between a breach of contract or promise

Tauseef Farooqui 09-WP.4081.2019.doc

in contradistinction with fraudulent intention. Prima-facie, case is

made out to grant ad-interim relief in view of Judgment of Apex

Court in the case of Rhidaya Ranjan Prasad Mishra, 2000 Vol. 4

SCC 168 and Mitish Kumar Isha Vs. State of Karnataka 2021 SCC

online SC 976.

2. In that view of the matter, issue notice for final disposal

to respondent No.2, returnable on 21 st November 2022 till 25th

November 2022. There shall be ad-interim relief in terms of

prayer clause (d) which reads as under:-

"(d). That pending the hearing and final disposal of the present Writ Petition, the proceedings in respect of the case No.66/SW/2018 pending before by the court of Metropolitan Magistrate, 5th Court Dadar, Mumbai be stayed".

(AMIT BORKAR, J.)