This order deals with a bail application by petitioners involved in commercial disagreement. The court held that allegations of cheque dishonour and failure to return business funds did not warrant anticipatory bail, leading to the dismissal of the application.
Anticipatory bail application dismissed.
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The allegations of the complainant in the FIR in question are that he was into business with the petitioners and the petitioners failed to return his money. After the complainant pressurized the petitioners for his due amounting to ?57 lakhs, the two petitioners, namely, Atiqur Rehman and Habibur Rehman, gave cheques for ?30 lakhs to the complainant and assured him also to give a flat of ^27 lakhs being A-67, DLF Extn. 2, Bhopura, Ghaziabad, UP.
The accused person represented that the documents of the flat were with the bank and the total dues of the bank were ?7 lakhs. The complainant thus in addition to ^57 lakhs due towards the petitioners, paid a sum of t! lakhs in cash to the petitioners so that the flat could be released from mortgage dues.
The documents of transfer of the flat were prepared, however, after five months the bank took the possession as the dues were ?15 lakhs and not ^7 lakhs and dues had not been paid. Further the cheques for a sum of ?30 lakhs also could not be encashed as the same were dishonoured.
Considering the nature of allegations, this Court finds no ground to grant anticipatory bail to the petitioners.
Petitions are dismissed.
MUKTA GUPTA, J.
DECEMBER 05, 2018
'yo'
BAIL APPLN. 1539/2018
page 2 of 2
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioners accused of cheque dishonour and failure to return money.
1 provisions across 1 enactments
Atiqur Rehman and Habibur Rehman
Complainant
MUKTA GUPTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
