Bhanupratap Singh Bes vs The State Of Madhya Pradesh
2021 Latest Caselaw 5393 MP

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 44187/2021 Bhanupratap Singh Bais vs. State of M.P.

Gwalior, Dated : 14/09/2021

Shri Lokendra Singh, counsel for the applicant.

Shri A.K. Nirankari, counsel for the State.

Shri Suresh Agrawal, counsel for complainant.

Case diary is available.

This first application under Section 438 of Cr.P.C. has been

filed for grant of anticipatory bail.

The applicant apprehends his arrest in connection with Crime

No.459/2021 registered at Police Station Maharajpura Distt. Gwalior

for offence under Section 420 of I.P.C.

It is submitted by the counsel for the applicant, that applicant

and the complainant party are close friends of each other. The

applicant had taken certain amount by way of loan. The entire cheque

book of applicant was stolen by complainant and has misused the

cheque by presenting the same in the bank. There is no case of

forgery. It is a pure case of money transaction which has given a

color of criminal case.

Per contra, the application is vehemently opposed by the

counsel for the State as well as complainant. It is submitted that the

cheque issued by the applicant stood bounced and in the light of

judgment passed by the Supreme Court in case of Sangeetaben

Mahendrabhai Patel Vs. State of Gujarat, (2012) 7 SCC 621, not THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 44187/2021 Bhanupratap Singh Bais vs. State of M.P.

only an offence under Section 138 of Negotiable Instrument Act is

made out but also an offence under Section 420 of IPC is also made

out.

Considering the totality of the facts and circumstances of the

case coupled with the fact that it is not a case of forgery as claimed

by the applicant but it is a case of cheating as pleaded by the State

counsel as well as complainant counsel and specifically the cheques

were not returned on the ground of mismatch of signatures, but it

appears that the family members of applicant had lodged a report in

Police Station Padav, distt. Gwalior alleging that applicant is missing

and only on that ground the cheque was returned. Accordingly, no

case is made out for grant of anticipatory bail.

The application fails and is hereby dismissed.

(G.S. Ahluwalia) Judge

Aman AMAN TIWARI 2021.09.15 15:51:20 +05'30'