Allowed

Prasanna Kumar Sharma S/O Shri Shyam Sundar Sharma v. State of Rajasthan

Rajasthan HC4 Jul 2024CRLMB/6236/2024

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed a bail application filed by an accused-petitioner arrested on charges of cheating and criminal breach of trust due to a dishonoured cheque. Without commenting on merits, the Court found it just and proper to release the petitioner on bail after incarceration, subject to furnishing a personal bond and two sureties for appearance before the trial court.

What did the court decide?

Bail allowed. Petitioner to execute personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge.

Prasanna Kumar Sharma S/O Shri Shyam… — Contract and Commercial Disputes | Rajasthan HC (2024)

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[2024:RJ-JP:27798]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 6236/2024

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Prasanna Kumar Sharma S/o Shri Shyam Sundar Sharma, Aged About 50 Years, R/o Village Badripura, Police Station Todaraisingh, Tonk, Presently R/o 150/5, Near Moksh Dham, Paramhans Marg, Shipra Path Road, Mansarovar, Jaipur. (Presently Confined At Central Jail, Jaipur).

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----Petitioner

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Versus

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State Of Rajasthan, Through PP

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----Respondent

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For Petitioner(s) : Mr. Anil Vaishnav Mr. Hardev Singh For Respondent(s) : Mr. S.K. Mehla, Public Prosecutor

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HON'BLE MR. JUSTICE GANESH RAM MEENA Order

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04/07/2024

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The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No.446/2023 registered at Police Station Chaksu, District Jaipur City (Sough) for offences under Sections 420 and 406 IPC.

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The allegation against the petitioner is that on account of some amount taken from the complainant, he gave a cheque but lateron he refused to repay the amount.

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Learned counsel for the petitioner submits that this is the matter which can be agitated by the complainant under the provisions of Negotiable Instruments Act. He further submits that the petitioner is behind the bars since 24.04.2024, therefore, he may be released on bail.

[CRLMB-6236/2024]

[2024:RJ-JP:27798]

(2 of 2)

Learned Public Prosecutor vehemently opposed the bail application.

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Considering the submissions made by learned counsel for the petitioner and perused the material available on record.

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The allegation against the petitioner as averred in the FIR is that the accused-petitioner gave a cheque amounting Rs.2,38,639/- which was dishonoured for the reasons that there was no sufficient funds in the account of the accused-petitioner. The Negotiable Instruments Act provides for remedy in the matters of dishonour of cheque and the complainant could avail the aforesaid remedy for realising the amount.

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Taking into consideration the aforesaid facts and also the fact that the petitioner is behind the bars since 24.04.2024, this Court without expressing any opinion on the merits/demerits of the case, deems just and proper to enlarge the accused-petitioner on bail.

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Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner named above in connection with FIR No.446/2023 registered at Police Station Chaksu, District Jaipur City (South) shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance before the Court concerned on all the dates of hearing and as and when called upon to do so.

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(GANESH RAM MEENA),J

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Ashish Kumar /156

Prasanna Kumar Sharma S/O Shri Shyam Sundar Sharma v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Prasanna Kumar Sharma S/O Shri Shyam Sundar Sharma v. State of Rajasthan

Case brief

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What did the court decide?

What the court decided

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