MOHINDER PAL SINGH SAHNI Vs. STATE

JUDGEMENT

(1.) This is an application filed by one Mohinder Pal Singh Sahni under Section 438 of the Cr.P.C. in case F.I.R. No.308/2005 registered in P.S. Tilak Marg under Section 420/467/468/471 of the IPC.

(2.) The facts giving rise to the filing of the bail application in brief are that in the year 1997 the complainant Harnam Singh filed a complaint against the applicant under Section 138 of the Negotiable Instruments Act. The applicant is a Non-resident Indian settled in Kuwait. In connection with the complaint, the applicant filed exemption applications seeking exemption from personal appearance on 26.5.1999 and 10.6.1999 on the basis of two OPD medical slips dated 20.5.1999 and 7.6.1999 respectively. Exemption was granted on the basis on these certificates. On 22.9.2003 the complaint under Section 138 was withdrawn.

(3.) On 1.3.2005, on the basis of another complaint filed by the complainant alleging that the medical certificates were forged, the summoning court issued orders summoning the applicant. In addition thereto, the complainant preferred another complaint alleging forgery and fabrication of the medical certificates and this was registered on 29.07.2005 as FIR bearing No.308/2005.