ANU BORAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S.N. Tamuli, learned counsel for the petitioner and Mr. T.K. Mishra, learned Additional Public Prosecutor for respondent, State of Assam. This application under Section 438, Code of Criminal Procedure, 1973 (CrPC) has been filed praying for pre-arrest bail of the petitioner viz. Smt. Anu Borah, apprehending her arrest, in connection with Dergaon Police Station Case no. 77/2020, registered under Sections 420/406, Indian Penal Code (IPC).

(2.) In the First Information Report (FIR) lodged by the informant on 12.05.2020, the informant has stated that the petitioner took loan of an amount of Rs. 2,50,000/- from him with the assurance to return the amount on demand. It is further mentioned that on 22.04.2020, the informant demanded the borrowed amount from the petitioner and on such demand, the petitioner handed over a cheque for an amount of Rs. 2,50,000/- which, on presentation for collection by the informant, got dishonoured due to insufficiency of fund in the account of the petitioner. It is further alleged that when the informant met the petitioner in that respect, the husband of the petitioner had assaulted him.

(3.) The learned Additional Public Prosecutor has submitted that he has received the concerned case diary. He has further submitted that pursuant to the interim order dated 17.06.2020, the petitioner has appeared before the Investigating Officer (I.O.) of the case and after interrogation, her statement has been duly recorded and the same is available in the case diary. It is further submitted that in respect of dishonour of the cheque, the informant has instituted a complaint for the offence under Section 138 of Negotiable Instruments Act, 1881.