Atiqur Rehman v. State (NCT of Delhi)

Delhi High Court · 05 Dec 2018 · 2018:DHC:8485
Mukta Gupta
BAIL APPLN.1539/2018
2018:DHC:8485
criminal petition_dismissed

AI Summary

The Delhi High Court dismissed anticipatory bail applications of petitioners accused of cheating and dishonour of cheques, holding that the prima facie case justified denial of bail.

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$-17 and 18 HIGH COURT OF DELHI
BAIL APPLN.1539/2018
ATIQUR REHMAN
Represented by:
Petitioner Mr.U.A.Khan and Mr.Shahrukh Khan,Advocates.
VERSUS
STATE
(NCT OF DELHI)
BAIL APPLN. 1540/2018
HABIBUR REHMAN
Respondent Ms.Rajni Gupta,APP with SI Prempal Singh,PS Bhajanpura.
Mr.Anurag Jain and Ms.Ayushi Sharma,Advocate for complainant.
Petitioner Mr.U.A.Khan and Mr.Shahrukh Khan,Advocates.
VERSUS
STATE
(NCT OF DELHI)
Respondent Ms.Rajni Gupta,APP with SI Prempal Singh,PS Bhajanpura.
Mr.Anurag Jain and Ms.Ayushi Sharma,Advocate for complainant.
CORAM:
HON'BLE MS.JUSTICE MUKTA GUPTA
05.12.2018 By this petitions,the two petitioners seek anticipatory bail in case FIR
No.557/2016 under Section 420/34IPG registered atPS Bhajanpura.
BAIL APPLN.1539/2018 page1 of2
2018:DHC:8485 < ' - \ The allegations ofthe complainant in the FIR in question are that he was into business with the petitioners and the petitioners failed to return his money. After the complainant pressurized the petitioners for his due amounting to ?57 lakhs, the two petitioners, namely, Atiqur Rehman and
Habibur Rehman, gave cheques for ?30 lakhs to the complainant and assured him also to give a flat of ^27 lakhs being A-67, DLF Extn. 2, Bhopura,Ghaziabad,UP.
The accused person represented that the documents of the flat were with the bank and the total dues ofthe bank were?7lakhs.The complainant thus in addition to ^57 lakhs due towards the petitioners, paid a sum oft! lakhs in cash to the petitioners so that the flat could be released from mortgage dues.
The documents oftransfer of the flat were prepared, however, after five months the bank took the possession as the dues were ?15 lakhs and not
^7 lakhs and dues had not been paid. Further the cheques for a sum of?30 lakhs also could not be encashed as the same were dishonoured.
Considering the nature of allegations, this Court finds no ground to grant anticipatory bail to the petitioners.
Petitions are dismissed.
MUKTA GUPTA,J.
DECEMBER 05,2018 'yo'
BAIL APPLN.1539/2018 page2of2
2018:DHC:8485
JUDGMENT