Madhya Pradesh High Court
Sardarmal vs Ramesh on 28 February, 2017
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M. Cr. C. No.1383/2017
28/02/2017
Shri Vishal Baheti, learned counsel for the applicants.
Shri R. S. Chhabra, learned counsel for the respondent No.1.
Shri Pankaj Wadhwani, learned counsel for the respondent No.2 / State.
Heard on the question of grant of bail.
This is the first application filed by the applicants under Section 438 Cr.P.C. for grant of anticipatory bail.
The applicants are apprehending their arrest for offences punishable under Section 420, 467, 468, 471 and 120-B of the IPC in Criminal Case No.3129/2009 pending before the Judicial Magistrate First Class, Indore.
The present case is having a chequered history. It has bren stated in the bail petition that one Vimal Modi who is not before this Court, has filed a complaint taking shelter of Section 138 of Negotiable Instruments Act, 1881 against the respondent No.1. It was alleged that a cheque worth Rs.25,000/- was issued by respondent No.1 Ramesh Jain as well as a Promissory Note was also executed by him.
A defence was taken by Ramesh that it is a case of stolen of cheque book and a complaint under Section 138 of Negotiable Instruments Act, 1881 was filed by respondent No.1 - Ramesh alleging commission of offences under Section 420, 467, 468, 471 and 120-B of the IPC. Thereafter, the complainant preferred a revision i.e. Criminal Revision No.738/2008 and the same was allowed by an order dated 24/01/2009 and the learned Magistrate was directed to register a case under Section 420 of the IPC against which the present applicants preferred a revision i.e. Criminal Revision No.489/2009 and this Court has set aside the order passed by the revisional Court and has directed the learned Magistrate to pass appropriate order afresh. Learned Magistrate was also directed to taken into account the case filed by the present applicants under Section 138 of Negotiable Instruments Act, 1881. The order was -2- passed on 09/04/2010 and thereafter, the learned Magistrate has taken cognizance of the matter and has registered a case against the present applicants vide order dated 16/01/2017 for offences under Section 420, 467, 468, 471 and 120-B of the IPC, meaning thereby, in respect of complaint of the year 2007 now offences have been registered in the year 2017 against the present applicants. It has been argued by Shri Baheti that the applicants are respectable persons of the society and there is no likelihood of their abscontion nor tempering with the evidence and therefore, anticipatory bail be granted in the matter.
On the other hand, Shri R. S. Chhabra, learned counsel for the complainant has opposed the prayer for grant of anticipatory bail. He has vehemently argued before this Court that in the petition which was filed under Section 138 of Negotiable Instruments Act, 1881, the respondent has been acquitted by the trial Court though a criminal appeal is pending before the High Court. It has been stated the applicants has committed cheating and forgery and therefore, the question of grant of bail does not arise.
This Court, after hearing the learned counsel for the parties and on consideration of the facts and circumstances of the present case and also keeping in view the fact that the dispute is of the year 2007 and there is no allegation against the applicants that they have not participated in the proceedings before the Courts below nor there is any allegation that they have tempered with the evidence, is of the opinion that the present anticipatory bail deserves to be allowed and is accordingly allowed.
Resultantly, the bail application is allowed and it is directed that in the event of the applicants' arrest, the applicants be released on bail on their each furnishing bail bond of Rs.1,00,000/- (Rs. One Lac Only) with separate surety of the like amount to the satisfaction of Station House Officer of the Police Station concerned or before the trial Court as the case may be. The applicants would abide by the conditions mentioned in Section 438(2) Cr.P.C.
-3-Certified copy as per rules.
(S. C. SHARMA) JUDGE Tej