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    Published On : Mon, Aug 10th, 2020

    High Court releases cheating accused on anticipatory bail

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    Nagpur– Justice Rohit Deo has granted anticipatory bail to Alim Khan @Lala Male Khan. He was prosecuted by P.S.O. of P.S. Nagpuri Gate, Amravati vide crime no. 80/2020 for offence punishable under Sections 420, 406, 294, 506, 34 of IPC on 9-03-2020 upon the complaint of complainant namely Shafi Ahmed.

    The case of prosecution is that, Shafi Ahmed has lodged the report alleging that, on 14/1/2019 he has sold his truck to the accused Sayyed Nisar Sayyd Chotu vide written agreement for an amount of Rs.11,60,000/-Accused Sayyad Nisar was going to give Rs.1,75,000/- in cash to the complainant and remaining amount of Rs.9,85,000/- was the loan amount of Shriram Finance Company regarding the truck, of which the accused Nisar was going to pay the installments. The loan installment was of Rs.38,232/- per month but accused Sayyad Nisar gave the complainant only Rs.60,000/- in cash and told him that the remaining amount of Rs.1,15,000/- will be given by him in the next 10 days. Believing upon his words, the complainant sold his truck to the accused Sayyad Nisar.

    The complainant further stated that, the accused Sayyad Nisar did not pay him the balance amount Rs.1,15,000/- and also did not pay any of the loan installments to Shriram Finance Company therefore, complainant demanded back his truck but, the accused refused to return it back and uttered filthy word to him and threatened him. In the financial dealings between the complainant and accused Sayyad Nisar, present applicant Alim khan was the mediator and in the meeting which was held to sell the said truck. That, on 14/12/2019 when complainant went to present applicant, the present applicant had given four bank cheques of Rs. 2,50,000/- each to the complainant. When the complainant deposited applicant’s cheques into the bank, they were dishonored for ‘insufficient funds’.

    It was submitted that, applicant was merely a mediator and it is accused Syed Nisar who has taken the truck from complainant and present applicant is unnecessarily harassed for recovery of truck. It was submitted that, Syed Nisar was already arrested and released on bail. The truck was not seized from him. It was submitted that, complainant had sold the truck to Sayyed Nisar and there was an agreement dated 14-01-2019 and said transaction was in between the two.

    It was submitted that, further it is not the case that, cheques were issued on 14-01-2019 when the truck sold and therefore it cannot be said that, truck was sold on the guarantee of applicant which clearly shows that, complainant is making false allegations against applicant.

    Adv Mir Nagman Ali appeared for Alim Khan.

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