Sec-138 NI Act: HC grants bail to accused as he couldn't be produced to concerned Court due COVID-19 Lockdown [Read Order]

17 May 2020

Categories: Latest News Case Analysis Cheque Bounce News

On Friday, the Delhi High Court has granted bail to an accussed as he couldn't be produced to the concerned Court wherein a complaint under Section 138 of the Negotiable Instrument Act has been filed against him.

The petitioner herein has been arrested in 10 out of the 11 cases pending against him, all arising in Delhi. The remaining one arises out of the region,

A Status Report has been filed by the Police that he has been involved in 40 cases.

His Counsel argued that he has been granted bail in all 39 cases registered in Delhi and the one pending is only the private complaint filed agsint him under Section-138 NI Act in Agra.

He further submitted that the jail authorities couldn't produce him to the said Court in Agra at previous two occassions due to unaviodable reasons.

He submits that the petitioner couldn't be illegally detained in jail when admittedly he has been granted interim bail/regular bail in all the 39 cases listed by the Delhi Police in the Status Report.

He stated that the provision of Section 269 (c) of the Cr.P.C. would come to the aid of the petitioner.

Section 269 (c) of the Cr.P.C. prescribes that where a person in respect of whom an order is made under Section 267, requiring attendance of a prisoner before a particular court, is in custody for a period that would expire before expiration of the time required for complying with the order and for taking him back to the prison in which he is confined or detained, in those circumstances, the officer in charge of the prison must abstain from carrying out the Court’s order and instead, should send a statement of reasons to the concerned court for the said absence.

He mentioned that Section-138 NI Act is in any event a bailable offence.

The Court upon hearing the arguements and analysing the material on record decided that the petitioner cannot be detained unendingly merely because the respondent/State was unable to execute the production warrants issued by the concerned Court at Agra, directing his presence, particularly, when efforts made by the respondent to verify the next date of hearing have not borne any fruitful result and we are informed that the concerned Court at Agra is not functioning due to the COVID-19 pandemic situation.

It thus accordingly granted bail to the petitoner on the condition that he shall furnishes a bond to the Superintendent Jail undertaking inter alia that he shall appear before the concerned Court at Agra in on the next date of hearing.

The order has been passed by bench comprising of Justice HIMA KOHLI and Justice SUBRAMONIUM PRASAD on 15-05-2020.

Read Order Here:

Tags : Delhi High Court Negotiable Instruments Act COVID 19 Lockdown bail

Download the LatestLaws.com Mobile App