High Court of Punjab and HaryanaCRM-M/34164/2018allowed

Manish Chawla v. State Of Haryana

2018-09-12Lok Adalat Bench - 12 pages

-1CRM-M-34164 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-34164 of 2018 Date of Decision: 12.09.2018 Manish Chawla ....Petitioner

Versus

State of Haryana ....Respondent CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: - Mr. Amit Choudhary, Advocate, for the petitioner. Mr. Vikramjit Singh, Addl. A.G., Haryana.

Mr. Rajesh Lamba, Advocate, for the complainant. RAMENDRA JAIN, J. (ORAL) Through this petition under Section 439 Cr.P.C. prayer has been made for grant of regular bail to petitioner Manish Chawla in a case arising from FIR No.364 dated 16.07.2018 registered under Sections 406, 420, 467, 468, 471 and 120-B IPC at Police Station Kotwali, District Faridabad. According to the prosecution, petitioner borrowed a friendly loan of `1,90,000/- from the complainant which was lent to him through cheque No.35629 of ICICI Bank, Faridabad. Thereafter, petitioner got encashed the said cheque but in connivance of officials of ICICI Bank did not present the same to the bank. However, lateron petitioner misused the said cheque by filling it up for `14,50,000/- and presented the same to bank for encashment. However, the same was dishonoured for want of "sufficient funds".

Learned counsel for the petitioner inter alia contends that petitioner is in custody since 06.08.2018. Conclusion of trial may take a RAVINDER SINGH 2018.09.14 13:28 I attest to the accuracy and authenticity of this document sufficient long time. No useful purpose would be achieved by detaining the

-2CRM-M-34164 of 2018 petitioner in jail any more.

Smt. Rimpi Chawla, wife of the petitioner has filed affidavit in Court today, which is taken on record, stating that she or her firm of which she is sole proprietor will not file any complaint under Section 138 of the Negotiable Instruments Act or initiate any other legal proceedings against the complainant with regard to aforesaid cheque No.35629. The same shall be treated to have been cancelled for all intents and purposes. Considering overall facts and circumstances, but without expressing any opinion on the merits of the case, the petition is allowed. Petitioner is ordered to be released on bail, on his furnishing bail bonds and surety bonds to the satisfaction of Trial Court/Duty Magistrate concerned. (Ramendra Jain) September 12, 2018 Judge R.S.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No RAVINDER SINGH 2018.09.14 13:28 I attest to the accuracy and authenticity of this document