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2010 DIGILAW 96 (RAJ)

Bhagwan Dutt Sharma v. The State of Rajasthan Through Public Prosecutor

2010-01-13

R.S.CHAUHAN

body2010
JUDGMENT 1. - Heard the learned counsel for the accused-petitioner and the learned public prosecutor as well as the learned counsel for the complainant. 2. Mr. S.C. Gupta, the learned counsel for the accused-petitioner, has contended that the case is about recovery of money-the case is strictly of civil liability. Since the complainant claims that one cheque has bounced, at worse the liability is under Section 138 of the Negotiable Instruments Act. It is only with the intention to recover the amount that a case of civil liability has been given a criminal color by lodging of the FIR. Therefore, the benefit of bail should be granted to the accused-petitioner. 3. On the other hand, Mr. Ashwani Chobisa, the learned counsel for the complainant, has contended that two cheques were issued by the accused-petitioner. One of the cheque does not even bear the cheque number. The cheques have been recovered by the Instigating Agency and have been sent to the FSL for its report. The FSL report is yet to be received. But as one of the cheques does not contain any number, it is obvious that the cheque is a forged document. Moreover, since a huge amount Is Involved, the benefit of bail should not be granted until and unless the accused-petitioner pays part of the amount in dispute to the complainant. 4. In rejoinder, the learned counsel for the accused-petitioner has contended that bail cannot be denied on the condition that the part of the payment should be paid to the complainant. It would tantamount to permitting the people to turn civil liability cases into criminal liability ones. Thus, it would tantamount to permitting the people to abuse the process of law 5. Without expressing any opinion about the merits or demerits of the case, but looking to the facts and circumstances of the case, this Court is inclined to grant the bail application of the accused-petitioner under Section 439 Cr.PC. 6. It is, therefore, ordered that the accused-petitioner namely, Bhagwan Dutt Sharma S/o Shri Devi Shanker Sharma shall be released on bail provided he furnishes a personal bond in the sum of Rs. 30,000/- with two sureties in the like Amount to the satisfaction of the learned trial Court for his appearance before that Court on all subsequent dates of hearing and as and when called upon to do so.Bail Allowed. *******