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2021 (1) TMI 307
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....tation Boileauganj (Shimla West) under Sections 376, 506 and 417 of the Indian Penal Code (hereinafter referred to as 'IPC' in short). 2. As per status report, complainant had approached Police Chowki Fagu, Shimla, where her statement under Section 154 Cr.P.C. was recorded, wherein she has stated that she had been Whether reporters of the local papers may be allowed to see the judgment? serving as a Human Resource Manager in Limunesh Power Technology Private Limited Company at Baddi from 2010 to 2019 and w.e.f. 25.11.2019 to 03.06.2020, she had been serving in the same Company at Gurgaon. In August 2018 during her training sponsored by the Company at Indore (M.P.), she came in contact of petitioner-accused, who was serving as Are....
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....e to know about marital status of the petitioner from his neighbour in December 2019. Later on, in the month of March 2020, when complainant was at Chandigarh, she came to know that petitioner alongwith his wife Mousumi Chakraborty had visited Fagu and declared that complainant was having affair with petitioner and had alleged that she had taken a sum of Rs. 2,00,000/- from the petitioner and thereafter petitioner had started to defame her and post photographs of both (complainant and petitioner) on social media like Facebook, Instagram and Linkedin and when she was at Chandigarh, petitioner, through someone had publicized prints of her photographs and documents in Fagu Bazaar. 3. On the basis of area of commission of offence, statement ....
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....first meeting with the complainant had made it clear to the complainant that he was married and not interested in furthering the acquaintance beyond friendship, but complainant kept on alluring, mentally pressurizing and using his low moments to entangle him in her web of deceit to convince him to develop physical relationship and the booking of Hotels was done consensually by the parties and complainant, in order to destroy the domestic life of the petitioner had gone to the extent of calling and revealing details of her physical relations to the petitioner's wife and mother. Further that complainant was well aware about the marital status of the petitioner. In order to support contention, print out of whatsapp chat and recording of au....
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....fficulty which definitely indicates that relationship was developed by the petitioner with complainant with assurance to marry. 6. It has also been submitted by the learned Deputy Advocate General that even in response to the notice issued under Section 138 of the Negotiable Instruments Act, complainant had categorically stated that the cheque in question proposed to be given to petitioner for relationship but after knowing his marital status it was not to be handed over to the petitioner, as complainant was disappointed after knowing the marital status of the petitioner in December, 2019 and, therefore, payment was stopped. He further submits that in fact, action under Section 138 of the Negotiable Instruments Act is a counterblast to t....
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.... on 07.12.2020. 10. Without commenting upon merit of the case, rival contentions of the parties and keeping in view entire facts and circumstances of the case, I am of the opinion that at this stage, petitioner is entitled for bail. 11. Accordingly, petition is allowed and petitioner is ordered to be released on bail in case FIR No.198 of 2020 dated 19.09.2020, registered in Police Station Boileauganj (Shimla West), under Sections 376, 506 and 417 IPC, on his furnishing personal bond in the sum of Rs. 1,00,000/- with two sureties, one of which shall be local surety as undertaken by and on behalf of the petitioner, each in the like amount, to the satisfaction of the trial Court within three weeks from today, upon such further condition....