ANIL KUMAR RAWAT Vs. STATE OF C G

JUDGEMENT

(1.) This is the first application filed under Section 439 of CrPC for grant of bail to the applicant-accused who has been arrested on 1.5.2014 in connection with Crime No. 439/2014 registered in Police Station Mahasamund, District Mahasamund, for the offence under Section 420 of IPC. As per the prosecution case, the applicant-accused is said to have been operating a tour and travel agency in the name of 'Rawat Tour and Travels Pvt. Ltd.' and that the applicant-accused, had invited the customers for visiting different tourist destinations as per the scheme floated by the travel agency, on account of which the complainant - Ramesh Kumar Sharma and his family had paid, an amount of Rs. 1,82,000/- in respect of the said tour to be conducted by the applicant-accused. However, since sufficient number of tourists could not be collected by the applicant-accused, the entire tour program itself was cancelled and it was agreed that the amount shall be paid back to the customers, however, the applicant-accused is said to have defaulted from making the payment and, therefore, the complainant has filed a complaint against the applicant-accused on the basis of which he has been arrested on 1.5.2014.

(2.) Learned counsel for the applicant submits that there was an agreement entered into between the complainant of initially paying 50% of the amount and then the balance 50% of the amount shall be paid within a period of four months, and that there was an oral agreement also in this regard in a mediation conducted at the instance of a lawyer.

(3.) In response to the said submission that 50% of the amount has been paid, the State was asked to verify that 50% amount has been deposited in the account of the complainant or not. In this regard, Shri O.P. Sahu, learned counsel for the State, submits that on due verification of the police authorities, he has got a report that Rs. 90,000/- i.e. 50% of the amount paid by the applicant-accused was deposited in the account of the complainant on 27.1.2014.