Anil Agarwal vs The State Of Jharkhand
2021 Latest Caselaw 2861 Jhar

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                 Cr.M.P. No. 1542 of 2021
                Anil Agarwal                              ... Petitioner
                                       -Versus-
             1. The State of Jharkhand
             2. Dr. Suresh Prasad Debuka                  ... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner : Mr. Ajit Kumar, Sr. Advocate For the Opposite Party-State : Mr. Ashish Kumar, A.C. to G.A.-II

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02/11.08.2021. Heard Mr. Ajit Kumar, learned Senior counsel for the petitioner and

Mr. Ashish Kumar, learned counsel for the opposite party-State.

This criminal miscellaneous petition has been heard through Video

Conferencing in view of the guidelines of the High Court taking into account

the situation arising due to COVID-19 pandemic.

Mr. Ajit Kumar, learned Senior counsel for the petitioner submits that

the petitioner was a director of a company, namely, I Rise Shelter Private

Limited incorporated under the Companies Act, 1956, which is engaged in

building construction works, its sale and rentals etc. He further submits that

the petitioner's company entered into one development agreement dated

29.03.2014 with the landlords, namely, Mr. Shyam Jalan and Mr. Anil Jalan

for construction of a marketing complex on a piece of land bearing MS Plot

No.1071 & 1072, Old Holding No.1065, Ward No.3, Mackey Road, Upper

Bazar, Ranchi. Opposite party no.2 needed 5 shops in the marketing

complex on rent and for that he paid Rs.1,05,000/- as an advance to the

petitioner. He also submits that 5 rented shops in the area of Upper Bazar of

Ranchi should not be available in such a meager amount. He further

submits that there is commercial transaction and if any case is there, it is

civil in nature. No case is made out against the petitioner. He relied upon

the judgment rendered by the Hon'ble Supreme Court in the case of

Vir Prakash Sharma v. Anil Kumar Agarwal & another , reported in

(2007) 7 SCC 373.

Let notice be issued upon opposite party no.2 by ordinary process as

well as registered post with A/D, for which, requisites etc. must be filed

within two weeks.

The petitioner shall not be arrested in connection with Kotwali P.S.

Case No.134 of 2021, pending in the court of the learned Chief Judicial

Magistrate, Ranchi, till the next date.

Post this matter on 23.11.2021.

(Sanjay Kumar Dwivedi, J.) Ajay/