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Allahabad High Court · body

2010 DIGILAW 1624 (ALL)

Anibarn Chattergi v. State Of U. P.

2010-05-17

A.P.SAHI

body2010
Hon'ble Amreshwar Pratap Sahi,J. 1. Heard Shri Shyamal Narain, learned counsel for the applicant, Shri Gopal Chaturvedi, learned Senior Counsel assisted by Shri Somesh Khare, Advocate for the complainant and learned A.G.A for the State. The allegations against the applicant are that he allegedly connived with the other co-accused in providing a false information with regard to the Curio value of the antique plate, which is subject matter of the offence committed. It is alleged that the applicant projected the market value of the said item in such a way that the complainant was induced to make huge investments. The allegations are that several crores were involved and the item for which the alleged transaction was being carried out was suggestively certified by the applicant to be of that market value which would fetch many more times the amount that was to be paid. The allegations further went on to indict the applicant on account of his certification. The complainant and his company proceeded to invest a huge sum and ten cheques of Rs. 25 crores each were allegedly kept in a safe to be handed over upon the completion of the transaction. 3. Shri Shyamal Narain, learned counsel for the applicant contends that a fantastic story has been spun around and the applicant was implicated in spite of the fact that there is no alleged transaction of money with the applicant. A supplementary affidavit has been filed indicating that those, who had allegedly received money from the complainant, have already been bailed out or in the alternative there are orders staying the arrest of the co-accused. 4. Shri Gopal Chaturvedi, learned Senior Counsel for the complainant urged that as a matter of fact the present applicant-accused was the main person on whose certification about the Curio item that the complainant proceeded to make such huge investments. He further submits that the alleged curio item was never shown to the complainant and the transaction was sought to be negotiated in respect of a completely non-existent item. It is urged that the alleged negotiation, as projected with the involvement of the villagers, is also a story that has been built around a house of cards. He further submits that the alleged curio item was never shown to the complainant and the transaction was sought to be negotiated in respect of a completely non-existent item. It is urged that the alleged negotiation, as projected with the involvement of the villagers, is also a story that has been built around a house of cards. This method was contrived with the help of the applicant on whom the complainant had reposed trust and, therefore, the conduct of the applicant is pure and simple cheating with an intent which reflects criminal breach of trust. 5. Learned A.G.A. contends that the name of the applicant has surfaced during investigation and that he was also responsible for the negotiation. 6. Having considered the submissions raised by the contending parties, it is evident that the complainant allegedly proceeded to involve himself in a transaction which run in several crores. It is strange that while? making such an investment, the complainant simply proceeded on the alleged assurance of the applicant who did not receive any money except his alleged expertise charge, which is only a few lacs. Not only this, there is no indication of any money having been transacted with the applicant as alleged for the purpose of acquiring such an antique curio through the applicant except for the alleged custody of some money and cheques kept in a safe. This sort of transaction raises serious doubts about the involvement of the complainant himself and is more like a Hollywood script then a transaction in reality. There are some men who, in a fifty-fifty proposition, insist on getting the hyphen too. People forget that the bird of paradise alights only upon the hand that does not grasp. A person motivated by greed and actuated by a desire to acquire wealth by surpassing all arithmetical and geometrical progressions cannot be believed to have put to risk this huge amount of money involved without having a look at the item which was allegedly being negotiated and could not be transacted because of the intervention of the villagers from where the alleged metal plate was to be lifted. 7. The aforesaid observations are, however, only prima facie and shall not effect the trial in any way. 8. 7. The aforesaid observations are, however, only prima facie and shall not effect the trial in any way. 8. In such a situation and in view of the facts that have been brought about in the supplementary affidavit and keeping in view the nature of the transaction, in which the complainant himself had indulged into, this is a fit case for grant of bail as the applicant has no reported criminal antecedents. 9. Let the applicant-Anibarn Chattergi involved in Case Crime No. 2450 of 2009, under Sections 420, 411 I.P.C., Police Station-Mandi Dhanora, District-J.P. Nagar be enlarged on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.