AI Structured Summary
Not yet generated for this judgment
Judgment
M.L. Singhal, J.—In Complaint No. 77/2 dated 12.6.1998 pending in the Court of Judicial Magistrate 1st Class, Ludhiana, accused appeared. On the accused appearing before the Magistrate, as the offence was bailable, the Magistrate admitted them to bail and called upon them to furnish the necessary bail bonds. He further imposed condition on them that they shall not leave India except with the prior permission of the Court. This condition was held to be bad and not sustainable vide order dated 11.2.1999 passed by this Bench in Crl. Misc. No. 4025-M of 1999.
Now the complainant has moved an application namely Crl. Misc. No. 5838 of 1999 in Crl. Misc. No. 4025-M of 1999 wherethrough Gazebo Industries Limited (complainant-respondent herein) has prayed that Darshan Goyal and Dinesh Goyal be directed to furnish bank guarantee/surety of the amount equal to the amount of the cheque, which is the subject matter of the complaint u/s 138 of the Negotiable Instruments Act filed against them by the complainant (Gazebo Industries Limited).
This direction is not at all permissible as no body knows whether in the Criminal Court, they will be convicted or acquitted. No body knows whether in the Criminal Court, Gazebo Industries Limited will or will not be able to prove issuance of the cheque-by them in discharge of some liability. This criminal Misc No. 53838/1999 fails and is dismissed.
Petition dismissed..