Supreme Court of India
Ramesh Kumar v. State of Nct of Delhi
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What the Court ordered
We hold that at this stage, the complainants have no right of audience before this Court or even the High Court having regard to the nature of offence alleged to have been committed by the appellant unless, of course, a situation for compounding of the offence under Section 420, IPC, with the permission of the Court, arises. 1181.
Judgment, page 16
From the headnote
Code of Criminal Procedure, 1973 – s.438 – Anticipatory Bail – Payment of amount as a condition precedent for gran t of bail – Legality of – An FIR was registered u/ss. 420, 406 r/w s. 34 – As per the FIR, an agreement to sell was executed by and b etween the builder and the complainants – Complainants had made payment of Rs. 17,00,000/- by issuing cheques favouring the appella nt-owner allegedly on the instructions of the builder – Comp lainants were not handed over the floor which they intended to pu rchase – Apprehending arrest, the appellant moved an applica tion u/s 438 Cr.P. . before
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