This is an anticipatory bail application under Section 438 CrPC. The applicant alleged the offence was civil in nature due to a bounced cheque and non-return of funds. The state opposed citing prima facie ingredients of cheating. The High Court dismissed the application as not being a fit case without commenting on merits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRCA No. 753 of 2017
Nawneet Singh Tuteja @ Bittu S/o Amarik Singh Tuteja, Aged About 43 Years R/o Near United Blood Bank Govind Nagar, Near Raja Pond Raipur Tahsil & District Raipur, Chhattisgarh.
---- Applicant
Versus
State of Chhattisgarh through P. S. Telibandha Raipur Distt.Raipur, CG. ---- Respondent
For applicant Ms. Sangita Mishra, Adv. For Respondent/State Mr. O.P. Sahu, Govt. Adv.
Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board
14-9-2017
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present applicant reported regarding the problem being created by non-applicant Salim Umrani, Rafiq Umrani. Police registered the same under the head of Section 155 of the Cr.P.C.. With this if the said matter is a non-cognizable offence, equally on the basis of the said fact, the FIR lodged by the complainant may also be treated as matter of civil nature. Looking to the entire nature of the transaction as it is of civil nature, the applicant may be granted anticipatory bail. He is first offender and will not commit any offence in future.
Sd/(Chandra Bhushan Bajpai) Judge
Pathak
2 issues framed by the court
Whether the instant anticipatory bail application is maintainable given the apprehension of arrest in connection with Section 420 IPC allegations arising from a cheque bounce involving a civil money d
Whether the transaction of borrowing money for a school investment and the subsequent issuance of a bouncing cheque constitutes a fit case for grant of anticipatory bail.
4 provisions across 3 enactments
Nawneet Singh Tuteja @ Bittu
State of Chhattisgarh
Chandra Bhushan Bajpai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
