Vishi Agrawal vs State Of Chhattisgarh

Ramesh Sinha, J

This anticipatory bail application under Section 438 of the Code of Criminal Procedure has been iled by the applicant, who is apprehending his arrest in connection with Crime No. 374/2024 registered at Police Station – Kotwali, Korba, Out Post Manikpur, District – Korba (C.G.) for the ofences punishable under Sections 384 and 34 of the Indian Penal Code (In short, IPC) and Sections 3 and 4 of Public Debt Act.

Prosecution case in brief is that Vishi Agr4awal and Vishal Soni have iled pending cheque dishonor cases (Case Nos. 241/2024 and 1959/2024) under Sections 138 of the Negotiable Instruments Act (In short, NI Act). An ofence under Sections 384 and 34 of IPC, and Sections 3 and 4 of the Loan Act has been registered against Vishi Agrawal, Vishal Soni, Sudhir Agrawal, and Rakesh Tiwari by Police Post Manikpur (Crime No. 374/2024). The non-applicants accuses them of extorting Rs. 50,000/- taken from Sudhior Agrawal at a 10% monthly interest rate, accepting Rs. 30,000/- via PhonePe on 13.08.2022 and Rs. 20,000/- in cash through Rakesh Tiwari in November, 2022. Despite repaying Rs. 66,000/- to Sufhir Agrawal, the non-applicantclaims to have been blackmailed with bounced cheques totaling Rs. 1,50,000/- and Rs. 2,70,000/-. The accused raceived signed cheques (IDBI A/c 0222104000267663 Cheque No. 346669 and IDBI A/c 0222651100004756 cheque No. 027640) without depositing the amount. Allegations include stealing Sudhir Agrawal’s IDBI account details and blackmailing him (the non-applicant) with bounced cheques. The applicant maintains his innocence, asserting that the allegations are false and fabricated to evade legal action for the dishonored cheques. Hence, this application.

Learned counsel for the applicant would submit that the applicant is innocent person and he has not committed any ofence as alleged by the prosecution and he is falsely implicated in the present case. It is further submitted that there was some dispute between the applicant and the complainant with respect to the money which was invested by the complainant and the cheque was also issued by the complainant in favour of the applicant which became dishonored and the proceedings under Section 138 of the NI Act has been iled by the applicant in which notice has been issued to the complainant by the competent Court, and the FIR was registered due to the complainant’s inluence and to counter the legitimate legal actions taken by the applicant. Therefore, he prays for grant of anticipatory bail to the applicant.

On the other hand, learned State counsel, would have opposed the prayer for grant of anticipatory bail to the applicant and submits that form the perusal of the case diary, it transpires that the applicant accepted Rs 30,000/- via PhonePay from Sudhir Aggarwal on 13.08.2022 and Rs 20,000/- in cash through Rakesh Tiwari on November, 2022. A total of Rs 50,000/- was taken from Sudhir Agarwal as per 10% monthly interest. In lieu of the said amount, he got IDBI A/c 0222104000267663 Cheque No. 346669, IDBI A/c 0222651100004756 Cheque No. 027640 signed by him without depositing the amount. Even after the applicant had received a total of Rs. 66,000/- including principal and interest from Sudhir Agrawal, Rakesh Tiwari, with the intention of blackmailing to get this huge amount, a person namely, Vishi Agrawal, his friend, stole my IDBI A/c. 0222104000267663 Rs. 1,50,000/- in Cheque No. 346669 and a person, namely, Vishal Soni has been blackmailed by bouncing Rs. 2,70,000/- in IDBI A/c 0222651100004756 Cheque No. 027640. Therefore, this anticipatory bail application is liable to be rejected.

I have heard learned counsel for the parties and perused all of the documents taken on record.

Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary, and further the fact that there was some dispute between the applicant and the complainant with respect to the money which was invested by the complainant and the cheque was also issued by the complainant in favour of the applicant which became dishonored and the proceedings under Section 138 of the NI Act has been iled by the applicant in which notice has been issued to the complainant by the competent Court, without further commenting anything on merits, I am inclined to grant anticipatory bail to the applicant.

Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Vishi Agrawal on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Oicer, he shall be released on bail on the following conditions:-

(a) The Applicant 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 fact to the Court.

(b) The Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial.

(c) The Applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.

(d) The Applicant and the surety shall submit a copy of their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be veriied by the trial Court.

(e) The Applicant shall not involve themself in any ofence of similar nature in future.