Mohan Bhuvanesh v. The Commissioner Of Police

Crl.O.P.No.4883 of 2023 A.D.JAGADISH CHANDIRA,J.

The petitioner, who apprehends arrest at the hands of the respondent police for alleged offences punishable under Section 138 of Negotiable Instruments Act in C.S.No.53159 of 2022 on the file of the learned XII Metropolitan Magistrate Court, Calcutta, seek interim anticipatory bail.

2. The case of the prosecution is that A1 is a Proprietorship Firm and the petitioner herein is the Proprietor of the said Firm who had full control over the said firm. The complainant and the petitioner entered into a loan agreement vide document No.1163170 and a sum of Rs.8,00,000/- was disbursed to the account of the A1/Firm for which, the petitioner issued an unfilled cheque to the defacto complainant. Subsequently, the petitioner failed to repay the amount and asked the defacto complainant to present the cheque with his banker for the loan money. Accordingly, when the cheque was presented before the Bank, the same was dishonoured. Hence, the defacto complainant has preferred a private complaint and it was taken on file and non-bailable warrant has been issued and the petitioner apprehends arrest.

3. The learned counsel for the petitioner would submit that the false complaint has been given against the petitioner and he has nothing to do with the said allegations. He further submitted that Interstate Anticipatory bail may be granted to him to enable him to move to the appropriate jurisdictional Court in West Bengal State for necessary relief.

4. Taking into consideration the facts and circumstances of the case, this Court is inclined to grant inter-state interim anticipatory bail to the petitioner for a period of three weeks from today to enable them to move to the concerned Court.

5. Accordingly, interim interstate anticipatory bail is granted to the petitioner for a period of three weeks, on condition that the petitioner shall surrender before the learned Judicial Magistrate Court No.I, Ponneri, within a period of one week from the date on which the order copy made ready and the petitioner shall execute a separate bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties each for a like sum to the satisfaction of the said learned Magistrate. Further, within two weeks from the date of execution of bail bond, the petitioner shall approach the competent Court in West Bengal State and seek for appropriate relief. In the event of the

petitioner not complying the order as stated above, it shall stand automatically cancelled.

07.03.2023 kmm A.D.JAGADISH CHANDIRA,J.

kmm Crl.O.P.No.4883 of 2023 07.03.2023