Surjit Banthia v. State Of West Bengal

C.R.M. (A) 1133 of 2024 18.04.2024 DL-13 Court No.29 (AD) (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Burrabazar Police Station FIR No. 309 of 2023 dated 27.11.2023 under Sections 420/406/120B of the Indian Penal Code, 1860. (G.R. Case No.1245 of 2023) And In the matter of: Surjit Banthia ....petitioner.

Mr. Raunak Kedia Mr. Agniva Banerjee ... for the petitioner.

Mr. Rudradipta Nandy, Ld. APP ... for the State.

Mr. Pawan Kumar Gupta Mr. Karan Daga ... for the de facto complainant.

1. Petitioner prays for anticipatory bail.

2. State and the de facto complainant are represented.

3. Apparently, there was a transaction between the petitioner and the de facto complainant with regard to goods. A cheque was issued in respect of such transaction for a value of Rs.32 lacs and odd. Cheque so issued was dishonoured when presented. Issuance of a cheque tends to admit the liability. Such amount remains unpaid. Receipt of goods by the petitioner from the de facto complainant remains undenied.

4. In such circumstances, role of the petitioner requires investigation. Enlarging the petitioner on anticipatory bail will be inimical to such investigation.

5. Therefore, we are unable to grant anticipatory bail to the petitioner.

6. Accordingly, the prayer for anticipatory bail of the petitioner is Signed By :

ABHIJIT DAS High Court of Calcutta 18 th of April 2024 05:14:55 PM

rejected.

7. C.R.M. (A) 1133 of 2024 is dismissed.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.) Signed By :

ABHIJIT DAS High Court of Calcutta 18 th of April 2024 05:14:55 PM