IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD FRIDAY, THE TWENTY FIFTH DAY OF APRIL, TWO THOUSAND AND FOURTEEN :PRESENT:
THE HON'BLE SRI JUSTICE: C.PRAVEEN KUMAR CRLP .NO:4227 of 2014
Between:
1. M. Jaiveer Singh Sabharwal, Proprietor M/S Sabharwal tours & Travels, Office of 4-1-970, B1 & 2, "PUSHP", Ahuja Estate, Abids Road, Hyderabad -500 001
2. M/S Javeer Logistics, Represented by its Proprietor M.Jaiveer Singh Sabharwal, Office of 4-1-970, B1 & 2, "PUSHP", Ahuja Estate, Abids Road, Hyderabad -500 001
3. M/S Jagadish Translines, Represented by its Proprietor M.Jaiveer Singh Sabharwal, Office of 4-1-970, B1 & 2, "PUSHP", Ahuja Estate, Abids Road, Hyderabad -500 001 AND The State of Andhra Pradesh Rep. by Public Prosecutor, High Court of Andhra Pradesh, Hyderabad.
. Petitioners . Respondent Petition under section 438 of Cr.PC., praying that in the circumstances state in the memo of grounds fled herein, the High Court may be pleased to grant anticipatory bail to the petitioners in Cr.No.64/2014 of PS Abids, Hyderabad, in the event of their arrest, on such terms and conditions.
The petition coming on for hearing, upon perusing the Petition and the memo of grounds filed herein, and upon hearing the arguments of Sri K. Sai Babu, Advocate for the Petitioners, and of Public Prosecutor for Respondent, the Court made the following.
ORDER:
This Criminal Petition is filed by the petitioners – accused Nos.1 to 3, under Section 438 Cr.P.C, seeking release in the event of their arrest in connection with Crime No.64 of 2014 of Abids Police Station, Hyderabad registered for the offences punishable under Sections 324, 406, 420 and 506 IPC.
The averments in the report would disclose that the accused as well as the informant were doing business by way of providing cab services to the corporate employees. Disputes arose between them with regard to payment of ..2..
money by the petitioners for the services rendered by the informant. The petitioners, who are alleged to have fell due a sum of Rs.12,53,464/-, paid Rs.6,04,161/- on different dates and an amount of Rs.6,49,333/- is still outstanding. Since the petitioners failed to pay the due amount, a private complaint was filed which was referred to police under Section 156(3) Cr.P.C.
Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State.
The material available on record would disclose that out of Rs.12,53,464/- due by the petitioners to the informant, a sum of Rs.6,04,161/- was paid on different dates. The dispute appears to be with regard to non-payment of balance amount which act prima facie do not constitute an offence of cheating. Hence, I am inclined to grant anticipatory bail to the petitioners on certain terms.
Accordingly, the Criminal Petition is allowed. The petitioners are directed to surrender before the Station House Officer, Abids Police Station, Hyderabad within a period of ten days from today and on such surrender, they shall be released on bail on their executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties each for a likesum to the satisfaction of the same Station House Officer.
//TRUE COPY// ASSISTANT REGISTRAR For ASSISTANT REGISTRAR To
1. The II Additional Chief Metropolitan Magistrate, at Nampally, Hyderabad
2. The VII Addl. Metropolitan Sessions Judge, Hyderabad
3. The Station House Officer, Abids Police Station, Hyderabad
4. Two CCs to Public Prosecutor, High Court of A.P., Hyderabad
5. One CC to Sri K. Sai Babu, Advocate (OPUC)
6. One spare copy Skm HIGH COURT CPK,J Drafted by: skm Drafted on: 26-04-2014 DATE: 25-04-2014 BAIL ORDER CRL.P. No. 4227 of 2014