RAMAVTAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner has filed the petition under Section 438 Code of Criminal Procedure, 1973 seeking anticipatory bail in F.I.R. No.414/2020 registered at Police Station Brahampuri, District Jaipur (Raj.) for the offence under Section 420 and 406 Indian Penal Code, 1860.

(2.) Learned counsel for the petitioner has submitted that petitioner is having business dealings with Mahesh Kumar. A blank cheque had been given by the petitioner to Mahesh Kumar Chauhan and he in turn handed over the said cheque to the complainant. The said cheque was dishonoured by the bank on 30.11.2019. FIR has been lodged by the complainant by levelling false allegations as the limitation for filing the complaint under Section 138 of the Negotiable Instruments Act, 1881 has expired. Petitioner is ready to join investigation. Learned State Counsel has opposed the petition. Keeping in view the facts and circumstances of the case, it would be just and expedient to order the release of the petitioner on anticipatory bail.

(3.) Accordingly, without expressing any opinion on merits of the case, this petition is allowed. In the event of arrest, petitioner be admitted to bail subject to satisfaction of the Arresting Officer. Petitioner shall join investigation as and when required by the police and shall not leave the country without prior permission of the Court. Petitioner shall not tamper with the prosecution evidence.