ANIL KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) The present petition has been maintained by the petitioner under Section 439 of the Code of Criminal Procedure praying for grant of regular bail to the petitioner in Complaint Case No.149/3 of 2016, under Section 138 of Negotiable Instruments Act, 1881.

(2.) As per the petitioner, a complaint under Section 138 of the Negotiable Instrument Act was pending against him before the learned Chief Judicial Magistrate, Sirmaur at Nahan, H.P., wherein the present petitioner is falsely implicated in the present case at the instance of the respondent/complainant (hereinafter to be called as 'the Complainant').

(3.) That the petitioner was not having any knowledge with regard to the same and he was also not medically fit and he was getting his treatment from the hospital. Consequently, as the petitioner was served on some wrong address, he was not knowing about the service. Hence, he could not appear before the Court below and thus, non­ bailable warrants were issued on 17.12.2019 and he is in the custudy till date.