Disposed

Dhamodharan v. State Rep by

Madras HC27 Jun 2024CRL OP/15002/2024

Case brief

AI extract

What is this about?

Petitioners sought interstate anticipatory bail apprehending arrest in a cheque case under Sections 138 and 142 of the Negotiable Instruments Act arising from a loan dispute involving a blank cheque allegedly misused by a finance company. The court granted interim interstate anticipatory bail for six weeks on conditions including surrender before the Magistrate.

What did the court decide?

Interim interstate anticipatory bail granted for six weeks on conditions of surrender before JM No.I, Hosur and bond of Rs.10,000 with two sureties each.

Dhamodharan Vs State Rep by — Cheque Dishonour | Madras HC (2024)

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Crl.O.P.No.15002 of 2024

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Crl.O.P.No.15002 of 2024

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T.V.THAMILSELVI,J.

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The petitioners, who apprehend arrest at the hands of the first respondent police for the alleged offences punishable under Sections 138 and 142 N.I Act in CS. No.87187 of 2023, on the file of the first respondent Police, seek anticipatory bail.

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The case of the prosecution is that the petitioners had obtained a loan for a sum of Rs.7,77,000/- from Indostar Home Loan Limited, Hosur Branch and they paid a sum of Rs.11,327/- per month for 16 instalments. Thereafter, they extended the construction work and applied loan from Cholamandalam Investments and Finance, Hosur Branch for the purpose of extended construction work. The Cholamandalam Investments and Finance has sanctioned loan amount of Rs.12,50,000/- to them, but the said Finance Company directly paid a sum of Rs.7,71,463/- to the Indostar Home Loan Limited, Hosur Branch without their consent. Hence, they had given a letter to the Indian Bank, Shoolagiri Branch to stop the payment. In the meanwhile, the said Cholamandalam Investments and Finance Limited fraudulently filled the blank cheque bearing No.821473 for a sum of Rs.9,04,000/- and https://www.mhc.tn.gov.in/judis presented the same and filed a case in STC.No.92 of 2022. During the

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Crl.O.P.No.15002 of 2024

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pendency of the above said case, the defacto complainant has filed another case in CS.No.87187/2023. Hence the case.

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Learned counsel for the petitioners submitted that a false

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complaint has been given against the petitioners and they have nothing to do with the said allegations. He further submitted that inter State Anticipatory bail may be granted to the petitioners to enable them to move the appropriate jurisdictional Court for necessary relief.

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Notice has been served to the first respondent police and receipt of the same is also annexed with this petition.

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Taking into consideration, the facts and circumstances of the

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case, this Court is inclined to grant interstate interim anticipatory bail to

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the petitioners for a period of six weeks to enable them to move the concerned Court.

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Accordingly, interim interstate anticipatory bail is granted to

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the petitioners for a period of six weeks, on condition that the petitioners shall surrender before the learned Judicial Magistrate No.I, Hosur,

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.15002 of 2024

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Krishnagiri District, within a period of fifteen days from the date on which the order copy made ready and the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of the said learned Magistrate. Further, within six weeks from the date of execution of bail bond, the petitioners shall approach the competent Court and seek for appropriate relief.

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27.06.2024

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vkr

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.15002 of 2024

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T.V.THAMILSELVI,J.

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vkr

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Crl.O.P.No.15002 of 2024

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27.06.2024

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https://www.mhc.tn.gov.in/judis

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Dhamodharan v. State Rep by

Case brief

What is this about?

What did the court decide?

Dhamodharan v. State Rep by

Case brief

What is this about?

What did the court decide?

What the court decided

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