ABDUR RAZZAQUE Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M.U. Mahmud, learned counsel for the petitioner. Also heard Ms. A. Begum, learned Additional Public Prosecutor, Assam.

(2.) The petitioner Abdur Razzaque has filed this application under Sec. 438 Cr.P.C. with prayer for interim bail for a limited period in connection with Case No.22532/2021 registered under Sec. 138 of the NI Act, 1882 pending in the Court of learned Additional Judge, Saharanpur, Uttar Pradesh.

(3.) The respondent No.2 Sri Anwar Ahmed Khan representing New Taiba Tours and Travels is the complainant and has alleged that the petitioner owes him an amount of Rs.6,40,000.00 and to repay the amount, the petitioner issued a cheque bearing number 000223 dtd. 20/6/2021 through Account No.16442020000222, HDFC Bank, Station Road, Ward No.05, Barpeta Road in the name of the complainant's agency New Taiba Tours and Travels. On 20/6/2021, the complainant deposited this cheque in his bank account of the Bank of Baroda, Dehradun Road, Saharanpur Account No. 008102000-00824 which was dishonoured with comments that funds were insufficient. The complainant received the return memo on 3/7/2021. The complainant then issued a demand notice through his advocate through registered post on 9/7/2021 which was received by the petitioner on 24/7/2021. The petitioner has not yet paid the amount. The complainant - respondent No. 2 herein then lodged a complaint petition which was registered as Case No.22532/21. This case at present is pending in the Court of the 31/Additional Judge, Saharanpur, Uttar Pradesh.