Cheating – Agreement to sell could not fructify into sale deed and in subsequent negotiations, four cheques totalling a sum of Rs. 30 Lakhs were handed over to the complainant -- Cheques dishonoured, complaint u/s 138 of the NI Act filed -- Thereafter FIR u/s 420, 120B IPC – Petition for pre-arrest bail allowed.

(SC) Decided on: 16.08.2022

NDPS case – Recovery of 206 grams of opium from co-accused – Disclosure that he sold 250 grams of opium to petitioner – Only on the basis of the disclosure statement, the petitioner is sought to be roped in – Petitioner directed to appear before the SHO/Investigating Officer to join investigation and in the event of his arrest, he ordered to be released on bail.

(P&H HC) Decided on: 15.06.2022

Theft in dwelling house – Disclosure statement -- Only on the basis of disclosure statement by some of the apprehended persons / accused, the petitioner has been roped in – No recovery has been made from the petitioner, he is not involved in any other case – Petition allowed.

(P&H HC) Decided on: 15.06.2022

Concealment of filing earlier bail application -- Law is well settled that where a process is “ex debito justitiae” the Court would refuse to exercise its discretion in favour of the applicant where the application is found to be wanting in bona fides.

(P&H HC) Decided on: 10.06.2022

Absence from trial – Non-bailable warrants – Petitioner had been regularly appearing before the trial Court and it was only on one occasion he absented -- Keeping in view that there is only a single date default, petitioner is directed to put in appearance before the trial Court within ten days from today and on his doing so he shall be released on bail on old bail bonds to the satisfaction of the trial Court.

(P&H HC) Decided on: 02.06.2022

Cheque bounce case -- Non-bailable warrants – Held, petitioner has been summoned for an offence u/s 138 of the N.I. Act which is a bailable offence -- Hence, there is no occasion for apprehension of arrest and detention in a bailable offence provided the petitioner is ready and willing to comply with the conditions set forth by the concerned Illaqa Magistrate for granting him the concession of bail – Petition withdrawn with liberty to move an application/petition for bail before the concerned Illaqa Magistrate.

(P&H HC) Decided on: 06.05.2022

Cheque bounce case -- Proclaimed offender/person – Petitioner met with an accident and suffered fracture in his leg and arm, due to which, he could not walk -- He requested his counsel for his exemption, but due to some reason, he could not move appropriate application before the trial court -- Petition disposed of with a direction that, in case, the petitioner surrenders before the trial court within a period of one week, he shall be admitted on bail. Cost of Rs. 10,000/- imposed.

(P&H HC) Decided on: 22.02.2021

Cheque bounce case -- Warrant of arrest -- On account of an accident accused got fracture on his leg and could not appear -- Accused shall surrender before trial Court within fifteen days positively and on surrender, he shall be enlarged on bail on his furnishing personal/ surety bonds to the satisfaction of trial Court.

(P&H HC) Decided on: 01.10.2020

Cheque bounce case – Proclaimed person – Petitioner ready to deposit 20% of cheque amount of Rs. 5 lacs – Petition disposed of with a direction to the petitioner to surrender before the trial Court within 10 days, on doing so, he shall be released on bail.

(P&H HC) Decided on: 30.09.2020

Anticipatory bail in FIR u/s 174-A IPC -- Complaint u/s 138 of NI Act – Proclaimed person -- Subsequently, the petitioner had surrendered before the trial Court and, thereafter, he was released on bail by the trial Court in the main case – Petition allowed, petitioner granted concession of anticipatory bail

(P&H HC) Decided on: 09.09.2020

Cheque bounce case -- Absence of accused – Non-bailable warrant – Accused remained absent without any intimation to the trial Court that is why the trial Court forfeited his surety and issued non-bailable warrants -- Without finding any fault with the order of the trial Court and Sessions Court, looking to the peculiar facts that the cheque amount of Rs.1,00,000/- is involved and the case being u/s 138 NI Act, there is no point to put the petitioner in custody – Non-bailable warrant set-aside, petitioner is granted anticipatory bail on the bail bonds earlier furnished by him before the trial Court.

(P&H HC) Decided on: 26.07.2017

Cheque bounce case -- Proclaimed offender in cheque bounce case – Point for determination is whether the petitioner has been rightly declared proclaimed offender -- Otherwise also, the offence u/s 138 of the Act is bailable in nature -- Petitioner has already given an undertaking that he would submit to the process of law and would furnish the bail bonds to the satisfaction of the trial Court – Direction given to the petitioner to appear before trial court and furnish bail bond has been complied with – Interim order is made absolute.

(P&H HC) Decided on: 07.04.2015