ANJANI KUMAR JHA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant, learned A.G.A. and perused the record.

(2.) It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated. He further submits that no offence under Sections 420 and 406 IPC is made out against the applicant. He further submits that complete procedure for the trial of offences under Section 138 of the Negotiable Instruments Act has been given in the Chapter XVII of the said Act and the offence under Section 138 of the said Act is cognizable only upon a complaint in writing. The applicant is in jail since 9.4.2010.

(3.) Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the applicant has made out a case for bail.