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TMI Blog2021 (9) TMI 938X X X X Extracts X X X X X X X X Extracts X X X X ..... 1 withdrawn proceedings filed under Negotiable Instrument Act by him against complainant mentioning that settlement has been arrived between the parties, without commenting anything on merits of the case, the bail application is allowed. It is directed that in the event of arrest of applicant in connection with the crime in question (278/2017), he shall be released on anticipatory bail by the Officer arresting him on his executing a personal bond in the sum of ₹ 25,000/- with one surety in the like sum to the satisfaction of the concerned arresting Officer - the applicant shall make himself available for interrogation before the Investigation Officer as and when required - Application allowed. - MCRCA No. 1113 of 2021 - - - Dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . present applicant and Nandkishor, proprietor of Pooja Traders, thereafter, report was lodged to the concerned police station. 3. Mr. Ashish Shrivastava, learned senior counsel for the applicant would submit that from the pleading of complaint itself it is clear that the complainant is engaged in business of construction. He has engaged petty contractor to complete the work taken by him on contract for the purpose of execution of work. He handed over five cheques to Jatashankar. Applicant is engaged in the business of material supplier. Applicant has supplied material in the name of Ganga construction on 21.04.2016, 30.04.2016 and 07.05.2016. Bills of the same are placed on record as Annexure A-2. In lieu of material supplied by appli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated 12.08.2021. 4. On the other hand, Mr. B.L. Sahu, learned State counsel opposes the submissions made by learned counsel for the applicant and submits that applicant along with two other co-accused persons have misused the cheques. He submits that the complainant has not issued the cheque to the applicant. Five cheques as per the complaint were handed over to petty contractor engaged by him by name Jatashankar Singh and applicant in connivance with Jatashankar has misused the cheques. FIR was lodged against the applicant and two other persons way back on 20.05.2017. Applicant approached the court for the first time by way of filing anticipatory bail application in the year 2021, hence, applicant is not entitled for benefit under Sec ..... X X X X Extracts X X X X X X X X Extracts X X X X
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