Allowed

Sanjit Kumar Alias Munna v. the State of Jharkhand

Jharkhand HC5 Nov 2019A.B.A./4713/2019

Case brief

AI extract

What is this about?

In a petition for anticipatory bail, the High Court of Jharkhand granted bail to the petitioner facing charges of cheating and cheque dishonour, directing surrender within four weeks and specifying surety conditions.

What did the court decide?

Petitioner directed to surrender within four weeks; enlarged on bail upon furnishing Rs. 25,000 bond with two sureties of like amount.

Sanjit Kumar Alias Munna Vs the State of… — Contract and Commercial Disputes | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No. 4713 of 2019

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Sanjit Kumar @ Munna … … Petitioner

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Versus

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1.The State of Jharkhand 2.Sri Ram Khandelwal … … Opposite Parties

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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--For the Petitioner : Mr. Rajiv N. Prasad, Advocate For the State : Mr. Nehala Sharmin, A.P.P.

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Order No. 5 Dated- 05.11.2019

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Apprehending his arrest in connection with Complaint Case No. 1357 of 2018 instituted under Sections 420 & 406 of the Indian Penal Code, the petitioner has moved this Court for grant of privileges of anticipatory bail.

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Heard learned counsel appearing for the petitioner and learned A.P.P appearing for the State.

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Learned counsel appearing for the petitioner submits that there is allegation against the petitioner that he cheated the complainant of Rs. 70 lacs and issued three cheques of different denomination of total amount of Rs. 70 lacs, but those cheques were dishonoured as the maximum limit of cheques were Rs. 10 lacs. It is further submitted by the learned counsel for the petitioner that the allegations against the petitioner is false and the petitioner has not taken any money from the complainant and it is highly improbable that complainant could have paid Rs. 70 lacs in cash and the failure of the complainant to mention the dates of such payment by him to the petitioner implies that the allegation against the petitioner is vague. It is next submitted by the learned counsel for the petitioner that at best the offence punishable under Section 138 N. I. Act be made out, but the said offence is bailable in nature and it is further submitted that in this case, no cognizance for the offence under Section 138 of N. I. Act has been taken. It is then submitted that the dispute between the parties is at best a civil dispute and the petitioner is ready and willing to co-operate with the trial. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.

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Learned A.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.

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Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court of learned C.J.M., Chatra within four weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate,1st Class, Chatra in connection with Complaint Case No. 1357 of 2018 and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Anil Kumar Choudhary, J . )

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Ravi/Pappu

Sanjit Kumar Alias Munna v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Sanjit Kumar Alias Munna v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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