2020 (10) TMI 906

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....made by the counsel for the petitioner then the permission was sought to withdraw the petition with liberty to avail alternate remedy of surrendering and seeking regular bail. However, again the present petition has been filed for the same purpose. The allegations, as alleged against the petitioner are that the petitioner is running a coaching centre for English speaking (IELTS). In connection with that, the complainant came in contact with the present petitioner. The petitioner represented to the complainant that she is engaged in sending the people abroad for better avenues. She could send the complainant, her husband and also her children to Canada and that a total of Rs. 25 lacs would be the expenses for that purpose. Accordingly, the ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....cted against her arrest. It also deserves to be noted that on the first date of hearing the counsel for the petitioner had submitted that the cheque issued by the complainant was for repayment of the amount of loan which the complainant had taken from the petitioner. The counsel had taken time to show anything to this effect that any loan was advanced to the complainant. However, today the counsel for the petitioner has submitted that the petitioner does not have any document/material to show that any loan was advanced by the petitioner to the complainant. No doubt, the accused as a citizen has a fundamental right to life and liberty. However, that right to life and liberty can very well be curtailed in accordance with the procedure estab....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e present petitioner. It has also come on record that the complainant's family had sold agricultural land for giving amounts to the petitioner in installments of Rs. 70 thousand, Rs. 10 lacs, Rs. 10 lacs, Rs. 4 lacs, Rs. 35 thousand and Rs. 10 thousand/-. Therefore, this court finds that there are specific allegations against the petitioner, which have some force as per the record, as well as, as per the preliminary enquiry, allegedly conducted by the police. Although, the counsel for the petitioner has submitted that the present FIR has been lodged as a counter-blast to the complaint filed by the petitioner against the complainant under Section 138 of the NI Act, however, it is a matter of record that the said complaint filed by the p....