Debashish Ghosh vs The State of Jharkhand

D.N. Upadhyay

It reveals from the written report that petitioner and his associates sold a Tata Victa vehicle bearing registration no. WB02Y7949 to the informant for a consideration of Rs. 2,55,000/-. When the informant took the vehicle to the Garage, he found the engine and Chassis number punched and the original was tampered. This fact was brought to the notice of the accused persons to refund the amount for which a cheque of Rs. 2,90,000/- was also given but it stood dishonoured. It is submitted that petitioner is Debashish Ghosh, Son of late Gouranga Chandra Ghosh but the father''s name of accused Debashish Ghosh is late Vikash Chandra Ghosh. The address of the petitioner also does not tally with the address given in the F.I.R. This petitioner has no concern with the alleged dealing took place between the informant and the accused persons.

Counsel for the State has opposed the prayer and submits that after proper verification warrant of arrest against this petitioner has been taken.

Be that as it may, the informant has been cheated to the tune of Rs. 2,90,000/- with the connivance of the petitioner and other accused and therefore, I do not find it to be a fit case for considering the prayer u/s 438 Cr. P.C. Accordingly, the same stands dismissed in Chas P.S. Case No. 112 of 2010, corresponding to G.R. No. 639 of 2010, pending in the Court of the Chief Judicial Magistrate, Bokaro. However, the petitioner is directed to surrender before the court below within four weeks from today for seeking regular bail that may be considered on its own merit without being prejudiced with this order.