DISHONOURED CHEQUES 2004 P Cr.L.J. 343 and 2008 P Cr. L.J. 1105

IN THE COURT OF (NAME OF THE JUDGE), ADDITIONAL SESSIONS JUDGE, (NAME OF THE CITY).

Ali Versus  The State

Case FIR No.	Offences	Police Station
000/0000	489-F PPC	Name of police station and city.

POST ARREST BAIL PETITION.

(Date)

Present        (Name of the  Advocate) for petitioner.

                   Learned Assistant District Public Prosecutor  for State.

                   This order will dispose off the post arrest bail of the accused/petitioner Ali in the above noted case.

2.                Brief facts  as alleged in the FIR lodged at the instance of  Hussain complainant  are that petitioner  owed Rs.200,000/- from him. That onward discharge of said liability he issued cheque No. ____________ in the sum of Rs. 140,000/- dated _____________ and another cheque No. _____________ in the sum of Rs. __________/- dated __________ of (name of the Bank and branch)  to complainant.  That complainant presented both the cheques to the Bank but the both cheques were dishonoured.

3.               Learned counsel for the petitioner submitted that  there is delay of seven months  in lodging the FIR.  That FIR does not disclose the purpose for which  the complainant gave the alleged amount. That there is no witness of alleged payment and its purpose. That actually two cheques of the petitioner were stolen and petitioner made stop payment order. The petitioner is in judicial lock up and there is no more required for investigation. That offence does not fall  under prohibitory clause of section 497 of Cr.P.C. Reliance was placed on 2004 P Cr.L.J. 343 and 2008 P Cr. L.J. 1105.

4.                Learned ADPP submitted that proclamation of petitioner u/s 87 of Cr.P.C. was issued on 00.00.2011. He was declared proclaimed offender  and ultimately he was arrested. That the petition may be dismissed.  

5.                I have heard the arguments and perused the record.

6.                Offence does not fall under prohibitory clause of section 497 of Cr.P.C. The petitioner is in judicial lock up and he is no more required for investigation. Any previous criminal record of petitioner is not  shown. The total amount involved  in two cheques  is Rs. 200,000/- only, therefore, while granting bail to petitioner, petitioner is ordered to be released on bail subject to his furnishing bail bonds in the sum of Rs. 100,000/- with one surety in the like amount to the satisfaction of learned Judicial Magistrate. Copy of this order be sent to the concerned Judicial Magistrate.  File be consigned to the record room after its due completion.

Announced

(date)

   Addl: Sessions Judge

                                                                                  (Name of the City) 

It is certified that this order consists of two pages, each page, dictated, corrected and signed by me.

(date)

Addl: Sessions Judge

                                                                               (Name of the City)