ASHOK KUMAR MONGA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner prays for grant of anticipatory bail in FIR No. 859 dtd. 1/12/2018, registered under Ss. 419, 420, 467, 468, 471 and 120-B of the IPC at Police Station Sadar Gurugram, District Gurugram.

(2.) As per the allegations in the FIR, which was registered at the instance of one Bhagat Thakran, it is stated that Ashok Kumar Monga, his son Gaurav Monga, Usha Monga and one Raj Kumar have committed cheating with the complainant by approaching him for obtaining a loan of Rs.1.15 crore and when the loan was paid to accused Ashok Kumar Monga, he issued two cheques dtd. 10/10/2017 for Rs.35.00 Lakh and Rs.30.00 Lakh and one cheque dtd. 10/10/2017 for Rs.50.00 Lakh was issued by Usha Monga, for the purpose of repaying the aforesaid loan, however, on presentation of the said cheques before the bank, the same were dishonoured.

(3.) Learned counsel for the petitioner submits that the complainant has already filed a complaint under Sec. 138 of the N. I. Act, therefore, subsequent registration of the FIR under Ss. 419, 420, 467, 468, 471 and 120-B of the IPC is not maintainable.