Rajasthan High Court - Jaipur
Suresh Khandelwal S/O Shri Ramjilal ... vs State Of Rajasthan on 27 January, 2021
Author: Narendra Singh Dhaddha
Bench: Narendra Singh Dhaddha
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 16061/2019
Suresh Khandelwal S/o Shri Ramjilal Khandelwal Aged About 54
Years, R/o Plot No. B-4, Saket Colony, Janta Colony, Jaipur
(Rajasthan)
----Petitioner/Accused
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Subhash Chand Khandelwal, Adv.
For Respondent(s) : Mr. Ganesh Saini, PP
For Complainant(s) : Mr. Kapil Gupta, Adv.
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
27/01/2021
1. The present bail application has been filed under Section 438
Cr. P.C. in connection with FIR No.681/2019 registered at Police
Station Gandhi Nagar, Jaipur for the offence under Sections 420,
406, 474 and 477-A of IPC.
2. Learned counsel for the petitioner submits that the petitioner
has been falsely implicated in this case. As per FIR, present case
is of purely civil nature and criminal colour has been given by the
complainant. Complainant may file a recovery suit against the
petitioner. So, the petitioner be enlarged on anticipatory bail.
3. Learned Public Prosecutor and learned counsel for the
complainant have opposed the arguments advanced by learned
counsel for the petitioner.
4. Learned counsel for complainant/respondent submits that the petitioner had taken Rs.10,00,000/-(Ten Lacs) from the (Downloaded on 28/01/2021 at 11:02:03 PM) (2 of 2) [CRLMB-16061/2019] complainant and he had given outdated cheque to the complainant. The said cheque was dishonoured. After that, petitioner did not pay the said amount. So, looking to the gravity of offence, the anticipatory bail application of the petitioner be dismissed.
5. Allegation levelled against the petitioner is that the petitioner had taken Rs.10,00,000/-(Ten Lacs) from the complainant. He had given outdated cheque of SBBJ Bank, Jaipur to the complainant. Petitioner very well knew that SBBJ Bank, Jaipur has been merged into State Bank Of India. The said cheque was not honoured. After that, petitioner did not pay the said amount.
6. On account of gravity of offence, I am not inclined to grant the benefit of anticipatory bail to the petitioner under Section 438 Cr.P.C.
7. Hence, the criminal misc. bail application stands dismissed.
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