RAMPHAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is an application under Sec. 438 of CrPC for grant of anticipatory bail to applicant as he apprehends his arrest in connection with Crime No.27/2019 registered at Police Station Pratappur District Surajpur (CG) for commission of offence punishable under Ss. 458, 506, 385, 467, 468 of IPC.

(2.) Case of the prosecution, in brief, is that on 17/4/2018 complainant submitted written complaint before the concerned police station making allegation against applicant that he entered into her house, forcibly obtained two blank signed cheques bearing Nos. 655452 and 655453 from her after giving her threat. Thereafter, applicant deposited those cheques in his bank account for clearance. Based on written report dtd. 17/4/2018, FIR is registered on 10/3/2019 by concerned police station against applicant.

(3.) Mr. Anil Gulati, learned counsel for applicant would submit that allegations levelled against applicant are absolutely false and baseless. Cheques were issued by complainant herself in favour of applicant, which were deposited by him in his bank account and the same could not be honoured for want of sufficient fund in bank account of complainant. He further submits that after dishonour of cheques, applicant through his advocate sent legal notice to complainant for filing complaint case under Sec. 138 of the Negotiable Instruments Act, 1881, which was received by complainant on 24/1/2019, as appearing from proceedings of complaint case pending before the Judicial Magistrate 1st Class, Pratappur, District Surajpur (Annexure A-2). After filing of complaint case under Sec. 138 of the Negotiable Instruments Act, 1881, false allegations have been levelled by complainant against applicant. He further submits that during pendency of proceedings under Sec. 138 of Negotiable Instruments Act, 1881, the applicant and complainant have arrived at a settlement and a compromise deed bearing photographs of both the parties was also filed before the Judicial Magistrate 1st Class, Pratappur on 20/8/2019. He further submits that complainant has also executed an affidavit before the Notary on 15/10/2019, to be submitted before the SHO, Police Station Pratappur stating that as applicant and complainant have entered into compromise, she does not want any action on the complaint.