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(2024) Law Today Live Doc. Id. 19029
Decided on: 04.03.2024
For Petitioner(s):
Dr. Ranjit Singh, Adv., Mr. Nandlal Kumar Mishra, Adv., Dr. Sushil Balwada, AOR
For Respondent(s):
Mr. Samir Ali Khan, AOR, Mr. Pranjal Sharma, Adv., Mr. Abhimanyu Jhamba, Adv.
Indian Penal Code, 1860 (45 of 1860), Section 420, 467, 406, 468 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Anticipatory bail – Cheating -- Petitioner already facing prosecution u/s 138 of the NI Act -- Submitted that mere dishonour of cheque does not amount to cheating – Appeal allowed, in case of arrest petitioner be released on bail by the arresting/ investigating officer/ trial court.
(Para 1-4)
ORDER
1. Leave granted.
2. It is pointed out that the appellant – Sonu Ansari @ Tanveer Ansari @ Tanveer Alam is already facing prosecution in criminal complaint under Section 138 of the Negotiable Instruments Act, 1881 for dishonour of cheque.
3. We have also examined the averments made in the First Information Report No. 202 of 2019 dated 16.08.2019. It is submitted that mere dishonor of cheque does not amount to cheating.
4. In view of the facts and circumstances of the case, we accept the present appeal and direct that in the event of the appellant – Sonu Ansari @ Tanveer Ansari @ Tanveer Alam being arrested in connection with FIR No. 202 of 2019 dated 16.08.2019 under Sections 420, 467, 406 and 468 of the Indian Penal Code, 1860 registered with Police Station – Chenari, Sub-Division – Sasaram, District-Rohtas, Bihar, he shall be released on bail by the arresting/investigating officer/trial court on terms and conditions to be fixed by the trial court.
5. In addition, the appellant – Sonu Ansari @ Tanveer Ansari @ Tanveer Alam will comply with the conditions mentioned in Section 438(2) of the Code of Criminal Procedure, 1973.
6. Recording the aforesaid, the impugned judgment/order is set aside and the appeal is allowed in the above terms.
7. We clarify that this order granting anticipatory bail shall not be construed as making comments or observations on the merits of the case.
8. Pending application(s), if any, shall stand disposed of.
Appeal allowed.
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