Rajesh Mehra v. State NCT Of Delhi

$~32 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 2203/2016 RAJESH MEHRA ..... Petitioner Through:

Mr. K. Singhal, Adv.

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

Mr. M.S. Oberoi, APP for State with SI Lokendra Singh, P.S.

Okhla Industrial Area.

Mr.

Jatin Sapra, Adv.

for Complainant.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 28.11.2018 A perusal of FIR shows that disputes arose between the petitioner and complainant with regard to the non-payment of outstanding dues in respect of supplies made by the complainant to M/s Rajit Paints Ltd of which petitioner is director. It is further revealed that proceedings under Section 138 of the Negotiable Instruments Act, 1881 were filed by the respondent before the CJM, Ludhiana, Punjab in respect of the dishonoured cheques issued by M/s Rajit Paints Ltd. in respect of same transaction. During the course of hearing, it is revealed that a compromise was arrived at between the parties during the pendency of complaint under Section 138 of the Act and in view thereof complaint was disposed of. However, learned APP, who is assisted by counsel for the complainant,

states that the said proceedings have been revived in view of the nonpayment of the settled amount. Learned counsel for the petitioner submits that out of the total amount, that is, `10,96,05,178/-, a sum of `10,70,43,965/- stands paid.

Learned counsel further submits that as per the certificate issued by the Civil Surgeon, Ludhiana, petitioner has 100% physical impairment of spinal bifida paraplegia.

Keeping in mind the totality of facts and circumstances of this case, it is ordered that in case of arrest petitioner be released on bail, subject to his furnishing a personal bond in the sum of `1 lac with one surety in the like amount to the satisfaction of the Arresting Officer/Investigating Officer/SHO of the concerned police station.

Bail application is disposed of in the above terms. Dasti.

A.K. PATHAK, J.

NOVEMBER 28, 2018 ga