Avinash Jain v. State Of NCT Of Delhi

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 25/2017 AVINASH JAIN ..... Petitioner Through:

Ms. Charu Dalal, Adv for Mr. Saleem Ahmed, Adv.

versus STATE OF NCT OF DELHI ..... Respondent Through:

Mr. Rajat Katyal, APP with Insp Sudhir, PS Model Town Mr. Bharat Gupta, Adv for R-2

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 09.01.2017 Crl. M.A. No. 236/2017 Exemption allowed, subject to all just exceptions. The application stands disposed of.

BAIL APPLN. 25/2017 Issue notice. Notice is accepted on behalf of the State. The petitioner seeks anticipatory bail application in case FIR 242/2016 under Section 420/406/34 IPC registered at PS Model Town. At the outset, I may observe that the petitioner's earlier bail application being Bail Appl No.1820/2016 was dismissed by a speaking order on 27.10.2016. The petitioner has since then not joined the investigation.

Mr. Katyal has pointed out that proceedings u/s 82 Cr PC has already been initiated against the petitioner. A perusal of the status report filed at the stage of consideration of the aforesaid bail application shows that the petitioner is alleged to have forged the signatures of the accused Ashu Khan on three cheques amounting to Rs.31.42 lacs handed over by him to the complainant in return of the monies paid by the complainant. The cash amount has been received by the petitioner.

It is the case of the complainant that he had received the said three cheques from the petitioner. The submission of the petitioner that the cheques had been stolen from the office of the employer and could not have been forged by anyone else, therefore, may not be relevant at this stage, since it is the case of the complainant that the cheques were delivered to him by the petitioner.

In the aforesaid circumstances, I find no merit in this application. Dismissed.

VIPIN SANGHI, J JANUARY 09, 2017 sr