Madhya Pradesh High Court
Ravishastri Dwivedi vs Ramnaresh Shukla on 5 October, 2023
Author: Vivek Agarwal
Bench: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 5 th OF OCTOBER, 2023
MISC. CRIMINAL CASE No. 43043 of 2023
BETWEEN:-
RAVISHASTRI DWIVEDI S/O RAMGULAM DWIVEDI,
AGED ABOUT 43 YEARS, OCCUPATION: BUSINESS R/O
SIDHARTHNAGAR SATNA TEHSIL RAGHURAJNAGAR
DISTRICT SATNA (MADHYA PRADESH)
.....APPLICANT
(BY SHRI DEVENDRA SINGH - ADVOCATE)
AND
1. RAMNARESH SHUKLA S/O KESHARI PRASAD
SHUKLA, AGED ABOUT 52 YEARS, R/O
K A N C H A N P U R MANIKAHARI P.S. SAGRA
DISTRICT REWA (MADHYA PRADESH)
2. STATE OF MADHYA PRADESH THROUGH POLICE
STATION VISHWAVIDLYA REWA DISTRICT REWA
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI NITIN KUMAR GUPTA - DY. GOVT. ADVOCATE FOR
RESPONENT NO.2/STATE)
This application coming on for admission this day, the court passed the
following:
ORDER
This is repeat (second) application filed under Section 438 of the Code of Criminal Procedure, 1973 (for brevity "Cr.P.C") for grant of anticipatory bail to Applicant - Ravishastri Dwivedi, S/o Ramgulam Dwivedi, who is apprehending his arrest in connection with Crime No./Complaint Case No.262/2022 registered in the Court of Judicial Signature Not Verified Signed by: TULSA SINGH Signing time: 10/5/2023 6:10:32 PM 2 Magistrate First Class, Rewa for the offence punishable under Sections 138 of Negotiable Instruments Act and also under Sections 418, 420, 467, 468, 471/34 of the Indian Penal Code, 1860 (for short "I.P.C").
First bail application was dismissed as withdrawn vide order dated 15th May, 2023 passed by this Court in M.Cr.C. No.12908/2023 with liberty to the applicant to move an application for recal of warrant on the ground that the account from which the cheque was dishonoured does not belong to him but belongs to one Sunil Pandey as deposed by Shri Shashank Kumar Shukla, Sr.Manager of the Canara Bank. who has recorded his statement under Section 202, Cr.P.C. before the trial Court.
Taking this fact into consideration that there is a clear deposition of Shri Shashank Kumar Shukla, Sr.Manager of the Canara Bank, Branch Satna that cheque No.179884 belongs to the account holder Sunil Pandey, S/o Ramlal Pandey whose account No.2489132000005 was opened in the Canara Bank, it is evident that said cheque has nothing to do with the present applicant. That cheque belongs to Sunil Pandey, therefore, complaint should have been filed against Sunil Pandey and not against present applicant. Henc e, prayer is made to enlarge the applicant on anticipatory bail.
Learned Dy. Government Advocate for the State opposes the bail application.
Therefore, taking these facts into consideration and without commenting on merits of the case and also taking into consideration the language of Section 138 of Negotiable Instruments Act, this application Signature Not Verified Signed by: TULSA SINGH Signing time: 10/5/2023 6:10:32 PM 3 under Section 438 Cr.P.C. for grant of anticipatory bail is allowed.
It is directed that the applicant be extended benefit of anticipatory bail subject to his appearance before the trial Court within 15 days from today where trial Court will accepts the bail bonds and proceed against the applicant in accordance with law and in case he appears before the trial Court within the aforesaid period, then trial Court shall let him on bail after accepting personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties in the like amount to the satisfaction of the concerned trial Court for his appearance before the concerned trial Court within fifteen days from today and on all dates and for complying with the conditions enumerated in Sub-section (2) of Section 438 of the Cr.P.C.
Certified copy as per rules.
(VIVEK AGARWAL) JUDGE ts Signature Not Verified Signed by: TULSA SINGH Signing time: 10/5/2023 6:10:32 PM