LAWS(MPH)-2016-2-145

KIRTI KUMAR GUPTA Vs. STATE OF M P

Decided On February 23, 2016
Kirti Kumar Gupta Appellant
V/S
STATE OF M P Respondents

JUDGEMENT

(1.) This is first application filed by the applicant under Section 438 of the Cr.P.C. for grant of anticipatory bail as he apprehends his arrest in connection with crime No. 2/2015, registered at Police Station- Civil Lines, District- Chhatarpur against him for the offence punishable under Sections 409, 420, 467, 468, 471, 120-B of the IPC.

(2.) The allegation against the applicant is that when he was posted as Labour Officer at Chhatarpur, he had issued three cheques amounting to Rs. 51,27,250/-, two cheques total Rs. 35,49,250/- were issued in the name of Principal Government Higher Secondary School, Hadwara, Chhatarpur and one cheque of Rs. 15,78,000/- was issued in the name of Principal, Government MLB Girls Higher Secondary School, Chhatarpur, however, those cheques were deposited in a fictitious account and thereafter, an amount of Rs. 51,00,000/- was encashed. The applicant did not verify the fact that whether the cheques were received by appropriate persons or not.

(3.) Learned senior counsel has contended that the applicant himself lodged FIR and subsequently he is made accused. It is further submitted that there is no allegation that the applicant had received money or in connivance with some other persons he received money. The applicant was authorized to sign the cheques and he singed the cheques accordingly, hence there is no offence made out against the applicant.