2019 (1) TMI 918 - HC - Indian Laws

Dishonor of cheque - Insufficient funds - grant of Regular Bail - petitioner has been remanded for judicial custody for the reasons that after taking cognizance of complaint filed by complainant/respondent No. 2, bailable warrants as well nonbailable warrants issued against the petitioner for different dates were received unexecuted - Held that - It has to be kept in mind that present case pertaining to the dishonour of cheque and petitioner, in a similar case No. 48 of 2017 titled Dharam Chand vs. Ramesh and Company has been released on bail on 14th December, 2018 by the trial Court on furnishing personal bond and surety bond, as directed by the Court, and also that purpose of bail is to ensure the presence of petitioner during trial, it would be appropriate to release petitioner on bail subject to conditions imposed by this Court with further liberty to the trial Court to impose further conditions as ordered hereinafter - petitioner is ordered to be enlarged on bail.

Issues Involved:
Regular bail application under Section 138 of Negotiable Instruments Act, 1881 - Non-appearance of petitioner in court - Multiple cases pending against petitioner for dishonoring cheques - Opposing bail on grounds of past conduct and non-availability - Petitioner's defense of non-deliberate non-appearance - Conditions for granting bail - Imposition of bail conditions - Consideration of property for surety - Compliance with directions - Consideration of recent statutory amendments.

Analysis:

1. Regular Bail Application: The petitioner filed a petition seeking regular bail in a case under Section 138 of the Negotiable Instruments Act, 1881. The petitioner had been remanded to judicial custody due to non-execution of bailable and non-bailable warrants against him.

2. Multiple Cases Pending: There were about 20 cases pending against the petitioner for dishonoring cheques issued for horticultural crops. The petitioner was declared a proclaimed offender in 18 out of 20 cases due to his non-traceability.

3. Opposition to Bail: The bail for the petitioner was opposed based on his past conduct of avoiding warrants and non-availability during trial. The complainant argued that the petitioner, a resident of Nepal, did not own any property in Himachal Pradesh, raising concerns about his availability during trial.

4. Petitioner's Defense: The petitioner claimed that his non-appearance in court was not intentional but due to being engaged in business activities in remote areas. He expressed willingness to abide by any conditions imposed by the court, including providing separate bail bonds and local surety.

5. Conditions for Bail: The court considered various factors, including the petitioner's past conduct and the purpose of bail to ensure his presence during trial. The petitioner was ordered to be enlarged on bail upon furnishing a personal bond and local surety with specific conditions to ensure his availability and compliance during trial.

6. Imposition of Bail Conditions: The court imposed conditions such as the petitioner's availability before the trial court, refraining from influencing witnesses, not leaving Himachal Pradesh without court permission, and providing contact details. Any violation of these conditions would lead to bail cancellation.

7. Compliance and Further Directions: The trial court was directed to comply with the court's directions and was given the authority to impose additional conditions if deemed necessary. The complainant could also seek further conditions, and any breach could lead to bail cancellation.

8. Statutory Amendments: The court noted recent statutory amendments regarding the deposit of a certain amount and directed the trial court to consider this aspect in line with the law.

9. Conclusion: The petition for regular bail was granted with specific conditions, emphasizing the importance of the petitioner's compliance and presence during trial. The judgment ensured a balance between the petitioner's rights and the interests of justice, with provisions for additional conditions and bail cancellation in case of non-compliance.

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