Yogesh Kumar Wadhwa v. The State (NCT Of Delhi)

$~44.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2504/2016 YOGESH KUMAR WADHWA ..... Petitioner Through:

Mr. Tarun Goomber, Advocate versus THE STATE (NCT OF DELHI) ..... Respondent Through:

Mr. Rajat Katyal, APP with SI Mahendra

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 07.12.2016 Crl. M.A. No. 19064/2016 Exemption allowed, subject to all just exceptions. The application stands disposed of.

BAIL APPLN. 2504/2016 Issue notice. Notice is accepted on behalf of the State. By this application, the petitioner seeks anticipatory bail in case FIR 48/2016 u/s 420/468/471 IPC registered at PS Sabzi Mandi. The allegations against the petitioner is that the petitioner sold an Apple I-Phone 5 to the complainant on 14.10.2015 on the web portal of shopclues.com for an amount of Rs.20,999/-. The product was delivered to the complainant on 21.10.2015 and soon thereafter

the said phone got shut down and did not reboot. The complainant then learnt that the said phone is a fake and consequently made the complaint. The submission of learned counsel for the petitioner is that the petitioner himself had purchased the said phone from a shop for Rs.15,000/- odd and had bonafide sold the same without knowing that the same is fake. He states that a photocopy of the bill issued by the petitioner's seller has been provided to the I.O.

Mr. Katyal submits that the shopkeeper has denied having issued the said bill and the original has still not been produced. Looking to the circumstances, it appears that this may be a case of multi victim scam. Such an activity of sale of fake products on the internet has harmful effects on the society at large. Looking to the seriousness of the case, I am not inclined to grant any relief to the petitioner. Dismissed.

VIPIN SANGHI, J DECEMBER 07, 2016 sr