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2012 Supreme(Del) 1377

M.L.MEHTA
Rakesh Gupta – Appellant
Versus
State Of NCT Of Delhi – Respondent


Advocates Appeared:
For the Petitioner:Prem Kumar, with Harinder Singh, Rajiv Kumar Sharma, Surjeet Singh & Rakesh Kumar, Advocates.
For the Respondents:Ms. Fizani Husain, APP for the State. R.K. Jain, Advocate for the complainant.

Judgment :-

M.L. MEHTA, J.

1. The present revision petition is preferred under Section 397/401 Cr.P.C. read with Section 482 Cr.P.C. assailing the order 31.03.2012 passed by the ld. ASJ (Fast Track Court) whereby the order dated 27.09.2011 passed by the ld. ASJ granting bail to the petitioner on the condition of furnishing bank guarantee of 50% of the alleged cheated amount in the Court was affirmed.

2. The case was lodged under Section 420, 506 IPC on 10.08.2011 by the complainant Mr. Jitender who is the Manager of M/s Nu Line Industries Pvt. Ltd. and M/s Tripulati Aluminum ltd. alleging that his companies had supplied aluminum wire rods to the petitioner’s company M/s Tanishka Industry. According to the complaint, the total value of the wire rods supplied to the petitioner amounts to Rs. 89,40,147/-. It has been alleged that the petitioner refused to make the payment for the material supplied to him and extended threats to the complainant when he demanded the payment. The petitioner was taken into judicial custody on 23.08.2011. While disposing the bail application filed by the petitioner, the ld. ASJ imposed the impugned condition for grant of bail which was affirmed by ld. ASJ
















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