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Bombay High CourtABA/718/2015allowed

Junaid Khan S/O Hamid Khan v. State Of Maharashtra, Through P.S.O. P.S. Gadge Nagar, Amravati

2016-01-25Hon'Ble Shri Justice A.B. Chaudhari2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Criminal Application [ABA] No. 718 of 2015 [Junaid Khan Hamid Khan Vs. State of Mah.] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. P.R. Agrawal, Adv., for the applicant.

Mr. Jawade, APP for respondent.

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CORAM

:

A.B. CHAUDHARI, J.

DATE :

25th January, 2016.

Heard learned counsel for the rival parties. Perused the FIR.

It is seen that out of a business transaction of purchase of goods, the complainant could not sell the entire goods which he has purchased by paying the price in the sum of Rs. 2,00,000/-. Having not been successful in selling the entire goods, the complainant started demanding money. But then, this was the business risk which he faced on his own volition, for which the applicant cannot be held criminally liable. That being so, I make the following order:-

O R D E R

[a] Criminal Application [ABA] No. 718 of 2015

is allowed.

[b] In the event of arrest of the applicant in connection with Crime No. 115/14 for offences punishable under Sections 420 and 406 of Indian Penal Code registered with respondent - Police Station Officer, Police Station, Gadge Nagar, Amravati, against the applicant, the respondent - Police Station Officer, Police Station, Gadge Nagar, Amravati, is directed to release the applicant on bail, upon the Applicant furnishing a Personal Bond in a sum of Rs.

20,000/- [rupees twenty thousand only] with one surety in the like amount.

[c] The applicant to join the investigation as and when called.

Judge |hedau|