Ankit @ Pintoo Kesharwani vs The State Of Madhya Pradesh
2022 Latest Caselaw 16065 MP

                                                            1
                           IN    THE       HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                     BEFORE
                                       HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                             ON THE 5 th OF DECEMBER, 2022
                                        MISC. CRIMINAL CASE No. 55475 of 2022

                          BETWEEN:-
                          1.    ANKIT @ PINTOO KESHARWANI S/O SHRI VIJAY
                                KESHARWANI,   AGED   ABOUT   33   YEARS,
                                OCCUPATION: BUSINESSMAN AZAD WARD
                                TEHSIL GOTEGAON DISTRICT NARSINGHPUR
                                POLICE   STATION   GOTEGAON     (MADHYA
                                PRADESH)

                          2.    VAIBHAV KESHARWANI S/O SHRI VIJAY
                                KESHARWANI,   AGED   ABOUT  35   YEARS,
                                OCCUPATION: BUSINESSMAN R/O AZAD WARD
                                TEHSIL GOTEGAON DISTRICT NARSINGHPUR
                                POLICE   STATION   GOTEGAON    (MADHYA
                                PRADESH)

                                                                                       .....PETITIONERS
                          (BY SHRI R.K. KESHARWANI, ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH P.S.
                          GOTEGAON NARSINGHPUR (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                          (BY SHRI A.R. BAIN, DY. GOVERNMENT ADVOCATE)

                                This application coming on for admission this day, the court passed the
                          following:
                                                             ORDER

This is repeat bail application filed under Section 439 CrPC on behalf of applicant in connection with Crime No.668/2022, registered at Police Station gotegaon, District Narsinghpur (M.P.), for the offences punishable under Sections 420/34 of IPC.

Signature Not Verified Signed by: AMITABH RANJAN Signing time: 12/7/2022 11:50:45 AM

Learned counsel appearing for the applicants submitted that applicants are treader of crops. It is submitted that applicant had purchased Moong Daal from five persons. They have made part payment rest of the payment is to be made by applicants, for said transaction applicants have issued some cheque and said cheques were bounced as signature of applicants does not matched with the signature on cheque. It submitted that transaction done by applicant was purely civil in nature. There was no criminal intention or mens rea on the part of applicants. Applicants also want to pay back the money.

Learned Govt. Advocate appearing for the respondent/State opposed the prayer for grant of bail and submitted that applicants have done cheating.

Considering the same, application may be dismissed.

Heard the learned counsel for the parties. Considering the nature of transaction, which has taken place between applicant and complainant party, application is allowed.

It is directed that applicant shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial court.

Final decision regarding defalcated amount shall be taken by the trial court at the time of final judgment.

The applicant shall abide by the conditions enumerated under Section 437(3) of Cr.P.C.

C.C as per rules.

(VISHAL DHAGAT) JUDGE Amitabh Signature Not Verified Signed by: AMITABH RANJAN Signing time: 12/7/2022 11:50:45 AM

Signature Not Verified Signed by: AMITABH RANJAN Signing time: 12/7/2022 11:50:45 AM