GURUMUKH SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Applicant has preferred this application under Sec. 438 of CrPC for grant of anticipatory bail as he apprehends his arrest in connection with Crime No. 278/2017 registered at Police Station Pandri Mowa, District- Raipur (C.G.) for the offence punishable under Sec. 420/34 of IPC.

(2.) As per the case of prosecution, one Suryakant Tiwari, Director of M/s Ganga Construction has lodged a written report on 20/9/2017 making allegations that the complainant is engaged in the business of construction, he has engaged one Jatashankar Singh @ Pappu Singh as petty contractor for completion of work taken by him. Complainant has handed over five cheques bearing number 034226, 034227, 034228, 034229 and 034230 of Punjab National Bank. Jatashankar then left the work incomplete and fled away, when complainant asked Jatashankar Singh about the cheques given by him, it is stated by Jatashankar Singh that cheques have been lost. Complainant has closed his bank account of Punjab National Bank on 7/12/2016. When complainant received notice of the complaint filed under Sec. 138 of Negotiable Instrument Act from the Court, it revealed that the cheques given by complainant to Jatashankar have been misused by Jatashankar Singh and two others ie. present applicant and Nandkishor, proprietor of Pooja Traders, thereafter, report was lodged to the concerned police station.

(3.) Mr. Ashish Shrivastava, learned senior counsel for the applicant would submit that from the pleading of complaint itself it is clear that the complainant is engaged in business of construction. He has engaged petty contractor to complete the work taken by him on contract for the purpose of execution of work. He handed over five cheques to Jatashankar. Applicant is engaged in the business of material supplier. Applicant has supplied material in the name of Ganga construction on 21/4/2016, 30/4/2016 and 7/5/2016. Bills of the same are placed on record as Annexure A-2. In lieu of material supplied by applicant a cheque was issued in favour of Cheema Local Carrier construction owned by applicant on 15/11/2016. The said cheque was submitted in his bank account for its clearance which was dishonored and returned back on 18/1/2017. Thereafter, applicant issued legal notice addressing Ganga Construction's proprietor Suryakant Tiwari (complainant). When the demand of amount of cheque was not satisfied, complaint under Sec. 138 of Negotiable Instrument Act was filed. Complainant only after receiving of notice of complaint case from the Court has lodged report with ill motive only to pressurize applicant. He further submits that the applicant has not committed any offence as alleged against him, hence, he may be enlarged on anticipatory bail. However, upon putting specific query to learned senior counsel with regard to status of proceedings in the crime number 278/2017, he submits that after getting the knowledge of registration of case against him, applicant immediately filed application for grant of anticipatory bail before the court below which came to be dismissed by impugned order. Learned counsel further submits that similar allegation is made in the FIR. One Nandkishor, proprietor of Pooja Traders material supplier who also filed proceedings under Sec. 138 of Negotiable Instrument Act before the court of competent jurisdiction but on account of compromise took place between complainant and Nandkishor, the said proceedings was withdrawn by Nandkishor vide order dtd. 12/8/2021.