Page No.# 1/3 GAHC010150602025 2025:GAU-AS:11462 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1598/2025 ABDUL SALAM SHAH S/O- LATE MOMIR UDDIN SHAH, VILL- BORO BAGHJHAPA, PS SUKCHAR, DIST- SOUTH SALAMARA MANKACHAR, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. ASHADUZ ZAMAN AHMED, MR. S S A RAHMAN,MR. M HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 27.08.2025 Heard Mr. S.S.A. Rahman, learned counsel for the petitioner and Mr. D. P. Goswami, learned Addl. P.P., Assam for the State. By this application filed under Section 482 of the BNSS, 2023 the petitioner, viz., Abdul Salam Shah has prayed for pre-arrest bail in connection with Sukchar P.S. Case No.41/2025 registered under Sections Page No.# 2/3 61(2)/318(4)/316(2) of the BNS. The F.I.R. dated 21.06.2025 lodged by one Sofiqul Islam reveals that the petitioner had gone to his house and had told him to purchase roof top solar plates and on 23.06.2024 the informant had paid him Rs.1,61,000/- and the petitioner promised that he would give 32 numbers of solar plates within one week but the informant states that after taking the said amount of money the accused person i.e. the petitioner neither gave him the solar plates not refunded the money. On the said allegations the police registered the case under the aforesaid sections of law. Mr. S. S. A. Rahman, learned counsel for the petitioner submits that the instant case purely reveals a civil matter and no cheating as such is present in the instant F.I.R. The learned counsel has placed reliance on a judgment rendered by the Hon’ble Apex Court in Delhi Race Club (1940) Ltd. Vs. State of Uttar Pradesh [Criminal Appeal No.3114/2024 decided on 23.08.2024] wherein the Apex Court has observed that when some particular amount is due or payable to any party, a civil suit is a proper remedy instead of filing a criminal case. Mr. Goswami, learned Addl. P.P., on the other hand, submits that the witnesses have stated that money was taken by the petitioner from the informant for sale of solar power plates and have further promised to give him the rest of the solar power plates but the petitioner neither gave solar plates nor refunded the money. Page No.# 3/3 I have heard the learned counsel for the parties and have gone through the records. It is settled position of law that to constitute an offence under cheating a prior intention is required. In the instant case, it is seen in the F.I.R. that the petitioner had sold the solar power plates to the informant with the promise that he would give 32 numbers of the same within one week but then it was not given to the informant. It is also stated in the F.I.R. that the informant had waited to get back his money and as such he lodged the F.I.R. little late. The petitioner was granted interim pre-arrest bail vide order dated 15.07.2025 and in compliance of the directions contained therein he had gone and appeared before the Investigating Officer, who had recorded his statement. In view of the above, the interim order granting pre-arrest bail is hereby made absolute subject to the condition that the petitioner shall abide by the conditions incorporated in the order dated 15.07.2025. Anticipatory Bail Application stands disposed of. JUDGE Comparing Assistant