The Punjab and Haryana High Court dismissed an application for anticipatory bail in a cheating case involving cheque dishonour. The judge held that unexplained large bank deposits warranted custodial interrogation and that no special case was made out for bail.
Petition for anticipatory bail dismissed; no special case made out.
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.
CRM-M-52165-2019 (O&M)
1
204
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-52165-2019 (O&M) Date of Decision: 21.09.2021
Nitin Sharma
...Petitioner
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present: Mr. Vivek Salathia, Advocate, for the petitioner.
Mr. Ajay Pal Singh Gill, DAG, Punjab assisted by ASI Jaswinder Pal.
GURVINDER SINGH GILL, J. (Oral)
VANDANA YADAV 2021.09.22 10:06 I attest to the accuracy and integrity of this document
CRM-M-52165-2019 (O&M)
2
confronted, they had issued 17 cheques but upon presentation of 5 such cheques, the same were dishonoured.
VANDANA YADAV Court from which the said deposit of huge amount in the bank account 2021.09.22 10:06 I attest to the accuracy and integrity of this document
CRM-M-52165-2019 (O&M)
3
of the petitioner could be justified. Such like deposit of huge amount virtually substantiates the allegations as levelled in the FIR. In these circumstances, this Court is of the opinion that custodial interrogation of the petitioner would be required. No special case for grant of anticipatory bail is made out. The petition is sans merit and is hereby dismissed.
21.09.2021
VY
(GURVINDER SINGH GILL)
JUDGE
Whether speaking/reasoned: Yes/No Whether reportable: Yes/No
VANDANA YADAV 2021.09.22 10:06 I attest to the accuracy and integrity of this document
3 issues framed by the court
Whether anticipatory bail should be granted during custodial investigation given the substantial credit in the petitioner's bank account unrelated to salary.
Whether the petitioner's involvement in cheque dishonour cases can be established independently of the brother who issued the cheques.
Whether the accumulated unexplained bank deposits justify the conclusion that no special case is made out for anticipatory bail.
3 provisions across 1 enactments
Nitin Sharma
State of Punjab
Gurvinder Singh Gill
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
