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Judgment
@JUDGMENT-JUDGMENT
The applicant has preferred this application for grant of anticipatory bail, as he apprehends his arrest in connection with Complaint Case
No.2357/2019, registered by Learned JMFC, Korba for offence punishable under Section 420 of the IPC.
Applicant granted loan of Rs. 2 Lacs to the respondent No.2. The said respondent repaid Rs.48,000/- and for the remaining amount of Rs.
1,52,000/-, he issued a cheque in the name of the applicant. When the cheque was presented for encashment, it was dishonored, therefore, applicant
has filed a complaint under Section 138 of the Negotiable Instruments Act. The present private complaint case has been filed as a counter blast to the
proceedings initiated by the applicant for dishonor of the cheque.
Learned State Counsel would oppose the prayer for grant of bail. However, no one appears for the objector, despite service of notice and having
appeared before this Court on previous dates of hearing.
Considering the nature of allegation and genesis of the offence, this Court is inclined to extend the benefit of anticipatory bail.
Accordingly, the application is allowed and it is directed that in the event of arrest of the applicant, he shall be released on anticipatory bail on his
executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the arresting officer with the following
conditions:-
(I) he shall make himself available for interrogation by a police officer as and when required;
(ii) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him
from disclosing such facts to the Court or to any police officer.