RAJENDRA KUMAR SRIVASTAVA,J. - (1.)The petitioner-accused is in custody since 20.01.2020 in connection with Crime No.1073/2019 registered at Police Station Rampur Baghelaan, District Satna (MP), for the offence punishable under Sections 420, 120-B and Section 34 of the IPC.
(2.)As per prosecution story in short is that on 24.12.2019 complainant Pradeep Tripathi has lodged the complaint against the petitioner and other co- accused persons stating that the petitioner and other co accused persons are the partner of firm namely Rajpath Developers and after came into their contact, the petitioner entered into an agreement with them to purchase a plot on the consideration of 60 equal installments of Rs. 6000/- per month. In compliance of terms of agreement, the complainant was giving the installments as per the schedule but after getting 50 installments, the petitioner and co-accused person stopped to come village for taking further installments. On asking about the same, the accused person were avoiding the complainant. They have refused either to return the amount or executed the sale deed in favour of the complainant. According to complainant, the petitioner and accused persons have committed cheating with other persons of the village including his brother Akhilesh Tripathi. They have also not developed the plot whereof they promised to do the same.
(3.)Learned counsel for the petitioner/accused submits that the petitioner is an innocent person and has falsely been implicated in this case. No case is made out against him. He submits that without conducting necessary inquiry, the police registered the case against the petitioner and other co-accused persons for which they have submitted their representation before the S.P. Satna. He further submits that the firm of the petitioner and his partner namely Rajpath Developers was created as per due procedure of law. The complainant entered into an agreement with the said firm to purchase a plot for which he entered into an agreement with the petitioner firm. As per agreement, the complainant has to pay installments of Rs. 6000/- per month to the petitioner's firm but after making some installments they stopped the further payment of installment and according to conditions of agreement, if the complainant fails to make payment of three regular installments, the agreement be treated as cancelled. Hence, it clearly shows that the complainant failed to abide the terms and condition of agreement. Even if it is assumed that the petitioner committed any wrong in compliance of the agreement, the criminal liability would not lies upon him. The case is purely civil in nature. Moreover, the petitioner is ready to execute the sale deed if the complainant is ready to fulfill the conditions of agreement. He further submits that in such circumstances, it is well settled Principal of law that to cover the case under the offence of cheating, fraudulent and dishonest intention must be shown to be existing from the very beginning of the transaction, mere failure to keep the promise at a subsequent stage, offence of cheating cannot be made out. There is some difference between breach of contract and cheating. Apart from that there is no probability of his absconding and tempering the evidence of prosecution. Trial will take long time for final disposal. The petitioner/accused is ready to furnish bail bond as per the order, abiding with all conditions imposed by the Court. On these grounds, learned counsel for the petitioner prays for grant of bail to the petitioner.